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HomeMy WebLinkAbout1998-11-03 Resolution City of Iowa City MEMORANDUM Date: October29,1998 To: From: Re: City Council and City Manager November 3, 1998 da -- Upcoming Bond Issues Resolutions to Set Public Hearings for The consent agenda (d3 through d12) includes ten resolutions fixing dates for public hearings on the proposition of issuance of various bond issues. Current agenda Items d3 through d9 are related to the authorization of up to $11.9 million of General Obligation (GO) Bonds. Item d3 refers to the issuance of up to $8.4 million of General Obligation Bonds to pay for projects that are an essential corporate purpose per the Iowa Code. Attached you will find a list of those projects that are included in that authorization. Items d4 through d9 include resolutions setting a public hearing for bond issues that are for general corporate purpose projects. Section 384.26 of the State of Iowa Code allows the City to issue up to $700,000 of GO Bonds for a general corporate purpose project. However, a separate resolution is required for each project and is subject to a referendum if petitioned by the residents of the community. Item dl0 sets a public hearing for the issuance of $8 million of sewer revenue bonds to pay for the Willow Creek, River Street and Westminster Sanitary Sewers as well as the south plant expansion costs. Item dl 1 sets a public hearing for the issuance of up to $9.2 million of water revenue bonds to pay the cost of the Iowa River Dam, site development and water mains. Item d12 sets a public hearing for the issuance of up to $10 million of Parking Revenue Bonds for the multi-level parking facility at or near the south side of Iowa Avenue between Linn Street and Gilbert Street. These are authorizations to issue bonds, the actual bond sales will not occur until 1999. I anticipate issuing the Sewer Bonds in January, 1999. The General Obligation Bonds would most likely be issued in March, 1999. The Water Revenue Bonds would most likely be issued in February or March, 1999. The Parking Revenue Bonds would most likely be issued in April or May, 1999. Im\mem\dyl 0-28-2.doc CITY OF IOWA CITY 1999 GENERAL OBLIGATION DEBT - LISTED BY ESSENTIAL CORPORATE PURPOSE AND GENERAL CORPORATE PURPOSE DESCRIPTION ESSENTIAL CORPORATE PURPOSE AIRPORT MASTER PLAN-LAND ACQUISITION CAPTAIN IRISH PKWY-ACT/DODGE DODGE ST-ACT/OLD DUB RD INT 'DOWNTOWN STREETSCAPE GILBERT/HIGHWAY 6-DUAL LEFT 'IOWA AVENUE STREETSCAPE PARK ACCESSIBILITY PROGRAMS PARK DEVELOPMENT PARK FOOTBRIDGE REPLACEMENT PARK OPEN SPACE-LAND ACQUISITION PARK PARKING LOT IMPROVEMENTS PARK SHELTER IMPROVEMENTS PARK SIDEWALK REPLACEMENT SOUTH SYCAMORE REGIONAL STORMWATER DETENTION STREET SCAPE IMPROVEMENTS ~SUMMIT ST BRIDGE REPLACEMENT WOOLF AVE-NEWTON/RIVER ST BOND ISSUANCE COSTS, DISCOUNT AND MISC SUBTOTAL GENERAL CORPORATE PURPOSE CIVIC CENTER NORTH 3RD FLOOR LIBRARY COMPUTER REPLACEMENT AND ICN ROOM POLICE SECOND FLOOR DESIGN PUBLIC WORKS COMPLEX SCANLON GYMNASIUM SOUTH SITE SOCCER FIELDS GRAND TOTAL 500,000 1,100,000 800,000 1,090,000 370,000 900 000 25000 50.000 10.000 50.000 15.000 10.000 5,000 1,800,000 100,000 155,000 550,000 870,000 8,400,000 700,000 470,000 700,000 700,000 700,000 330,000 3,600,000 12,000,000 99godraf.xls Council Member Norton introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $8,400,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Thornberry seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman. Norton. O'Donnell, Thornberry. Vanderhoef, Champion, Kubby NAYS: __ NoDe Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 98-335 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $8,400,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $8,400,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereina~er described; and WHEREAS, before said Bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clock p.M., on the .qrd day of November , 1998, for the purpose of taking action on the matter of the issuance of $8,400,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which Bonds will be used to provide funds to pay costs of the construction, reconstruction, and repairing of sidewalks and street improvements; the acquisition, installation, and repair of street lighting fixtures; the construction, reconstruction, enlargement, improvement, and repair of bridges; the construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection and disposal of surface waters and streams; the rehabilitation and improvement of existing city parks; and the reconstruction, extension and improvement of the Municipal Airport, including acquisition of land. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said Bonds. Section 3. The notice of the proposed action to issue said Bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $8,400,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 17~ day of November, 1998, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $8,400,000 General Obligation Bonds for an essential corporate 'purpose of said City, in order to provide funds to pay costs of the construction, reconstruction, and repairing of sidewalks and street improvements; the acquisition, installation, and repair of street lighting fixtures; the construction, reconstruction, enlargement, improvement, and repair of bridges; the construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection and disposal of surface waters and streams; the rehabilitation and improvement of existing city parks; and the reconstruction, extension and improvement of the Municipal Airport, including acquisition of land. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjoumment thereof, take additional action for the issuance of said Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 6th day of November' ,1998. City Clerk of Iowa City, Iowa PASSED AND APPROVED this 3rd day of November ,1998. Mayor ATTEST: -5- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE ~8,400,000 GENERAL OBLIGATION BONDS (FOR AN PURPOSE) OF SAID CITY, AND THE ISSUANCE THEREOF NOTICE is hereby given that the Council of the will hold a pub: hearing on the day of ..... · o'clock _2.M., in Council Chambers, Civic Center, Iowa the Council Obligation Bonds funds to pay costs street improvements; construction, construction, reconstruction, facilities useful for the collecti~ rehabilitation and improvement and improvement of the Munici to take additional action for the ' essential corporate purpose reconstruction installation, and disposal of Iowa City, Iowa, ,1998, at Iowa, at which ineeting of $8,400,000 General in order to provide repairing of sidewalks and of street lighting fixtures; the and repair of bridges; the and equipping of works and waters and streams; the and the reconstruction, extension g acquisition of land. At the above meeting the resident or property owner of said been received and considered, the thereof, take additional action to issue said Bonds. receive oral or written objections from any above action. After all objections have [1 at this meeting or at any adjournment f said Bonds or will abandon the proposal This notice is Section 384.25 of the Ci order of the Council Code of Iowa. Iowa City, Iowa, as provided by Dated this day of ,1998. City Clerk of Iowa Iowa (End of Notice) -4- 11-03-98 4d(4) Council Member Norton introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member lhornberry seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 98-336 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -6- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clock P.M., on the 17th day of November ,1998, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the reconstruction, improvement and equipping of the Civic Center and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -7- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 17th day of November, 1998, at 7:00 o'clock P.M ,, in the Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the reconstruction, improvement and equipping of the Civic Center. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 6t.h day of November ,1998. Ci~lerk of Iowa City, Iowa PASSED AND APPROVED this 3rd day of November ,1998. - ATTEST: -9- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOS3 AND HEARING ON ISSUANCE OF SAID BONDS ~ Notice is hereby given that the Council of the City of Iowa hold a on the day of &clock __.M., in the Council Chambers, Civic Center, which meeting the proposes to take action for the issuance $700,000 of General Bonds, bearing interest at the centum per annum, said to be issued for the purpose of: costs of the reconstruction and equipping Center. Iowa, will 1998, at Iowa, at to exceed to exceed 9 per tg funds to pay This Notice is given by ~r of the Council provided by Section 384.26 of the Code of Iowa. of Iowa City, Iowa, as At any time before the date issuing such bonds be submitted to the le Clerk of said City in the manner provided pursuant to the provisions of Section petition, asking that the question of of said City, may be filed with the 362.4 of the City Code of Iowa, the City Code of Iowa. Dated at Iowa City, Iowa, this of ,1998. City Clerk of Iowa Iowa (End of Notice) -8- Council Member Norton introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $470,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Thornberry seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 98-337 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $470,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereina~er described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $470,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -10- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clock p.M., on the 17th day of ~4ovember ,1998, for the purpose of taking action on the matter of the issuance of not to exceed $470,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the improvement and equipping of the Public Library, including computer replacement and ICN Room, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -11- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $470,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 17~ day of November, 1998, at 7:00 o'clock P.M., in th(~ Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $470,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the improvement and equipping of the Public Library, including computer replacement and ICN Room. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Cede of Iowa. Dated at Iowa City, Iowa, this 6th day of November' ,1998. PASSED AND APPROVED this 3rd day of November , 1998. Mayor ATTEST: -13- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF TO EXCEED $470,000 PRINCIPAL AMOUNT OF GENERAL LIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), HEARING ON ISSUANCE OF SAID BONDS Public hold a public h~ o'clock which meeting the $470,000 of General centum per annum. sak costs of the ' replacement and ICN is hereby given that the Council of the City ofCity, Iowa, will on the day of ,1998, at .M., in the Council Chambers, Civic City, Iowa, at proposes to take action for the of not to exceed ~ligation Bonds, bearing interest rate of not to exceed 9 per ,onds to be issued for the e of providing funds to pay equipping of the ,ibrary, including computer This Notice is given by of the provided by Section 384.26 of the of the City of Iowa City, Iowa, as ,flowa. At any time before the date of s issuing such bonds be submitted to the Clerk of said City in the manner' pursuant to the provisions meeting, a petition, asking that the question of voters of said City, may be filed with the Section 362.4 of the City Code of Iowa, City Code of Iowa. Dated at Iowa City, Iowa of ,1998. City City, Iowa (End of Notice) -12- Council Member Norton introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Thornberry seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 98-338 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -14- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7 :o0 o'clock _p_.M., on the 17 t, day of November , 1998, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the improvement and equipping of the police station and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -15~ NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE' PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 17th day of November, 1998, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centurn per annum, said bonds to be issued for the purpose of providing funds to pay costs of the improvement and equipping of the police station. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of SeCtion 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 61:h day of November ,1998. Ci~lerk of Iowa City, Iowa PASSED AND APPROVED this ATTEST: 3rd day of November , 1998. Mayor City Clerk -17- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERA OBLIGATION BONDS (FOR A GENERAL CORPORATE P SE~ ND HEARING ON ISSUANCE OF SAID BONDS Pub 'c Notice is hereby given that the Council of the CityIowa City, Iowa, will hold a public eating on the day of ,1998, at $7 Obligation Bonds, beating interes the rate of not to exceed 9 per centum per annum, bonds to be issued for the ~ose of providing funds to pay costs of the ' and equipping of the po] station. This Notice is provided by Section by order of the Cc of the City of Iowa City, Iowa, as ,f the City ~f Iowa. At any time before the issuing such bonds be Clerk of said City in the manner' pursuant to the provisions meeting, a petition, asking that the question of voters of said City, may be filed with the by Section 362.4 of the City Code of Iowa, of the City Code of Iowa. · , , this day of ,1998. City erk of Iowa City, Iowa (End of ' -16- 11-03-98 4d(7) Council Member Norton introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member lhornberry seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, Norton, O'Donnell, Thornberry, VandPrhnPf, Champinn, Kljhhy NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 98-339 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -18- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7: 00 o'clock p.M., on the 17 th day of Novorabor ,1998, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition, improvement and equipping of a public works facility and building and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -19- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATI'ER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 17th day of November, 1998, at 7:00 o'clock P.M., in the:Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the acquisition, improvement and equipping of a public works facility and building. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 6t.h day of November :': ,1998. PASSED AND APPROVED this 3rd day of Novembor ,1998. Mayor ATTEST: -21- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLI BONDS (FOR A GENERAL CORPORATE PURPOSE), AND ON ISSUANCE OF SAID BONDS hold a which meeting the $700,000 of General O1: centum per annum, said 1: costs of the acquisition, ' building. Public is hereby given that the Council of the City of Iowa will public on the day of 998, at o'clock in the Council Chambers, Civic Center, Iowa Iowa, at to take action for the issuance to exceed Bonds, bearing interest at the,fnot to exceed 9 per to be issued for the purpose offunds to pay and equipping of a works facility and This Notice is given by provided by Section 384.26 of the ~fthe Council o City of Iowa City, Iowa, as At any time before the date of said issuing such bonds be submitted to the le Clerk of said City in the manner provided pursuant to the provisions of Section a petition, asking that the question of of said City, may be filed with the 362.4 of the City Code of Iowa, City Code of Iowa. Dated at Iowa City, Iowa, thi ,1998. City Clerk of Iowa City%owa (End of Notice) ~,. -2O- Council Member Norton introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member lhornberry seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, Norton, 0'Donnell, Thornberry, Vanderhnef, Champinn, K,jhhy NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 98-340 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -22- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clock P.M., on the 17th day of November , 1998, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition and equipping of a recreation building and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -23- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given. that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 17th day of November, 1998, at 7:00 o'clock P.M., in the:Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the acquisition and equipping of a recreation building. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Cede of Iowa. Dated at Iowa City, Iowa, this 61:h day of November ,1998. PASSED AND APPROVED this 3rd day of November ,1998. Mayor ATTEST: City Clerk -25- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF CITY, IOWA, ON THE MATTER OF THE PROPOSED NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF OBLIGATION BONDS (FOR A GENERAL CORPORATE HEARING ON ISSUANCE OF SAID BONDS Notice is hereby given that the Council of the City City, Iowa, will hold a public on the day of ,1998, at .M., in the Council Chambers, Civic Iowa City, Iowa, at which meeting to take action for the of not to exceed $700,000 of General ,ligation Bonds, bearing interest:he rate of not to exceed 9 per centum per annum, onds to be issued for the e of providing funds to pay costs of the acquisition equipping of a g. This Notice is given of the provided by Section 384.26 dfth~ Code ol of the City of Iowa City, Iowa, as At any time before the date issuing such bonds be submitted to the Clerk of said City in the manner pursuant to the provisions of Section a petition, asking that the question of voters of said City, may be filed with the by Section 362.4 of the City Code of Iowa, of the City Code of Iowa. Dated at Iowa City, Iowa, t/~s City Clerk (End of Notice) day of ,1998. -24- City, Iowa Council Member Norton introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $330,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Thornberry seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 98-341 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $330,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $330,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -26- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clock p.M., on the lYth day of November ,1998, for the purpose of taking action on the matter of the issuance of not to exceed $330,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the improvement and equipping of recreation grounds, including the South Site Soccer Fields, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -27- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MA'Fi'ER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $330,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 17th day of November, 1998, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $330,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the improvement and equipping of recreation grounds, including the South Site Soccer Fields. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 61:h day of November' "' ,1998. Ci~erk of Iowa City, Iowa PASSED AND APPROVED this 3rd day of November ,1998. Mayor ATTEST: City Clerk -29- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $330,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Notice is hereby given that the Council of the City of Iowa City, I, hold a hearing on the day of __ .M., in the Council Chambers, Civic Center, Iowa which meeting Council proposes to take action for the issuance ofl $330,000 of{ Obligation Bonds, bearing interest at the rate centurn per annum, aid bonds to be issued for the purpose costs of the ' and equipping of recreation Soccer Fields. ' will at at to exceed to exceed 9 per funds to pay g the South Site This Notice is order of the Council of' provided by Section 384.26 < City Code of City of Iowa City, Iowa, as At any time before the issuing such bonds be submitted to Clerk of said City in the manner' pursuant to the provisions of Section 3~ a petition, asking that the question of of said City, may be filed with the 362.4 of the City Code of Iowa, 5 of the City Code of Iowa. Dated at Iowa City, Iowa, thi day of ,1998. City Clerk City, Iowa (End of Notice) -28- Council Member Norton introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $8,000,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member Th0rnberry seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubbv NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 98-342 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $8,000,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Sewer Revenue Bonds to the amount of $8,000,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Civic Center atlowaCity, Iowa, at 7:00 o'clock_p_.M., on the 17th dayof November , 1998, for the purpose of taking action on the matter of the issuance of $8,000,000 Sewer -30- Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of extending, improving and equipping the sanitary sewer utility of the City . Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -31- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $8,000,000 SEWER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public headng on the 17th day of November, 1998, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of $8,000,000 Sewer Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sanitary Sewer Utility. Said bonds are proposed to be issued for the purpose of paying costs of extending, improving and equipping the sanitary sewer utility of the City. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this 6~.h day of November' ,1998. Iowa PASSED AND APPROVED this 3rd day of November ,1998. Mayor ATTEST: Clerk ~33- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $8,000,000 SEWER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLI NOTICE is hereby given that the City Council of the City o Iowa, will hold a ublic heating on the day of in the Council Chambers, Civic Center, in which meeting the Ci proposes to take additional action issuance of $8,000,000 Bonds of said City. Said bonds will obligations or be payable manner by taxation, but will by the net revenues of the :iF Sanitary Sewer Utility. be issued for the purpose of costs of extending, ' sanitary sewer utility of the City. City, , 1998, at Iowa, at :onstitute general from and secured bonds are proposed to and equipping the At the above meeting oral owner of said City to the above action received and considered, the Council will take additional action for the issuance of sai, said bonds. from any resident or property After all objections have been meeting or at any adjournment thereof, or will abandon the proposal to issue This notice is given by order ol of the City Code of Iowa. Dated this day p~ City Clerk of Iowa (End of Notice) -32- as provided by Section 384.83 ,1998. 11-03-98 4d(1 11 Council Member Norton introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $9,200,000 WATER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member Thornberry seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubb.y NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 98-343 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $9,200,000 WATER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereina~er described; and, it is deemed necessary and advisable that said City should issue Water Revenue Bonds to the amount of $9,200,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Civic Center at lowa City, Iowa, at 7:00 o'clockp. M.,onthe 17th dayof November , 1998, for the purpose of taking action on the matter of the issuance of $9,200,000 Water -34- Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of extending, improving and equipping the water utility of the City . Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -35- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $9~200,000 WATER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public headng on the 17th day of November, 1998, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of $9,200,000 Water Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Water Utility. Said bonds are proposed to be issued for the purpose of paying costs of extending, improving and equipping the water utility of the City. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said goveming body as provided by Section 384.83 of the City Code of Iowa. Dated this 61;h day of November ,1998. PASSED AND APPROVED this 3rd day of tqovembe r ,1998. ATTEST: -37- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $9,200,000 WATER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUB C NOTICE is hereby given that the City Council of the City City, Iowa, will hold ublic hearing on the day of ,1998, at o'cloc .M., in the Council Chambers, Civic Center, in wa ~ Iowa, at which meeting the Council proposes to take additional action fi the issuance of $9,200,000 Water Revue Bonds of said City. Said bonds will constitute general obligations or be payable 'n any manner by taxation, but will b ayable from and secured by the net revenues of the unicipal Water Utility. Said bo s are proposed to be issued for the purpose of paying cos of extending, improving a equipping the water utility of the City. owner on en meeting or at any adjournment thereof, take additional action for the issuance ,onds or will abandon the proposal to issue said bonds. This notice is given by order of the City Code of Iowa. as provided by Section 384.83 ,1998. City Clerk of Iowa City, (End of Notice) -36- Council Member Norton introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $10,000,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member Thornberry seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 98-344 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $10,000,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Parking System Revenue Bonds to the amount of $10,000,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Civic Center at Iowa City, Iowa, at 7:00 o'clock p.M., on the 17th day of November , -38- 1998, for the purpose of taking action on the matter of the issuance of $10,000,000 Parking System Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of extending, improving and equipping the parking facilities system of the City, including the construction of a multi-level facility for the parking of vehicles to be located at or near the south side of Iowa Avenue between Linn Street and Gilbert Street. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -39- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $10,000,000 PARKING SYSTEM REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public headng on the 17th day of November, 1998, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of $10,000,000 Parking System Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secu~'ed by the net revenues of the .Municipal Parking System. Said bonds are proposed to be issued for the purpose of paying costs of extending, improving and equipping the parking facilities system of the City, including the construction of a multi-level facility for the parking of vehicles to be located at or near the south side of Iowa Avenue between Linn Street and Gilbert Street. At the above meeting oral or wdtten objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this 6f~ day of November ,1998. City Clerk of Iowa City, Iowa PASSED AND APPROVED this 3rd day of November ,1998. ATTEST: Mayor PGOODRIC\158651 \ 1 \10714000 -41- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $10,000,000 PARKING SYSTEM REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF $10,000,000 general obli secured by the net be issued for the parking facilities NOTICE is hereby given that the City Council of the Iowa, hold a public hearing on the day of '.lock __.M., in the Council Chambers, Civic Center which the City Council proposes to take additional System Revenue Bonds of said City. ar be payable in any manner by taxation of the Municipal Parking Sys e of paying costs of extending, the City, including the for the parking of vehicles, Linn Street and Gilbert Stre of Iowa City, ,1998, at City, Iowa, at the issuance of will not constitute will be payable from and Said bonds are proposed to and equipping the of a multi-level facility be located at ~outh side of Iowa Avenue between At the above meeting from any resident or property owner of said City to the above on shall blAfter all objections have been received and considered, the Counc meeting or at any adjournment thereof, take additional action for the issuance bonds or will abandon the proposal to issue said bonds. This notice is given by of the City Code of Iowa. body as provided by Section 384.83 Dated this ,1998. City Clerk City, Iowa (End of Notice) -40- 11-03-98 ~ 4e(1) Prepd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 98-345 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER AND WATER MAIN EASEMENT AGREEMENT AND A DRAINAGE EASEMENT AGREEMENT FOR DEVELOPMENT ON AUDITOR'S PARCEL //98068, LOCATED ON SHIRKEN DRIVE, IOWA CITY, IOWA WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, Ken Ranshaw submitted a development plan for the area known as Auditor's Parcel//98068 located off Shirken Drive, Iowa City, Iowa; and WHEREAS, under said plan, additional infrastructure was installed to service the added development within the subdivision, and certain easement rights must be acquired to ensure the continued operation of the public infrastructure; and WHEREAS, City staff has approved the location of the proposed sanitary sewer, water main and drainage conduits, as well as the associated easement agreements required for infrastructure in this development; and WHEREAS, the easement agreements require City Council approval and the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Sanitary Sewer and Water Main Easement Agreement and the Drainage Easement Agreement for Auditor's Parcel//98068, located off Shirken Drive, Iowa City, Iowa. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreements in the Johnson County Recorder's Office at the expense of Ken Ranshaw. Passed and approved this 3rd A roved / day o~mber ~~ ,,~: ,,~,,,~ ~ ciTY CLERK Resolution No. 98-345 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 11-03-98 4e(2) Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 98-346 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JUDITH COOPER- SKORTON FOR TEMPORARY USE OF PUBLIC RIGHTS-OF-WAY FOR A PORTION OF WILLIS DRIVE AND BELDON AVENUE IN IOWA CITY, IOWA. WHEREAS, Judith Cooper-Skorton is the fee owner of certain real estate addressed as 303 Willis Drive and described as follows: Lot 5, Willis Subdivision; and WHEREAS, Judith Cooper-Skorton, hereafter "Owner," has constructed a fence along the north and east side of her property addressed 303 Willis Drive, as indicated in Attachment A; and WHEREAS, said fence extends approximately 9.5 feet into the right-of-way of Willis Drive and approximately 11 feet into the right-of-way of Beldon Avenue adjacent to the property; and WHEREAS, Owner agrees to remove the portion of fence intruding into the Willis Drive and Beldon Avenue rights-of-way at such time the City requires use of any part of the rights-of-way for any purpose; and WHEREAS, Owner has requested the City permit temporary use of a portion of the Willis Drive and Beldon Avenue rights-of-way adjacent to the property; and WHEREAS, the City Engineering Division has reviewed the site plans, and finds the fence to be a minimal intrusion into the public rights-of-way which will not adversely affect the City's interest therein; and WHEREAS, an agreement for temporary use of the Willis Drive and Beldon Avenue public rights-of-way containing certain conditions has been negotiated; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Council finds that Owner's fence, which extends approximately 9.5 feet into the Willis Drive right-of-way and 11 feet into the Beldon Avenue right-of-way, constitutes a minimum intrusion, and will not adversely affect the City's interests in said rights-of-way, so long as the fence conforms to the conditions set forth in the accompanying agreement. Resolution No. 98-346 Page 2 The Agreement for Temporary Use of Public Rights-of-Way attached hereto and incorporated by reference herein is approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owner's expense. Passed and approved this 3rd day of November ,1998. ATI'EST:Ci~LE~RK '~, It was moved by Norton adopted, and upon roll call there were: and seconded by Thornberry the Resolution be AYES: X X X X X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry. Vanderhoef pweng/res/~llis.doc Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHTS-OF-WAY BETWEEN THE CITY OF IOWA CITY AND JUDITH COOPER-SKORTON FOR A PORTION OF WILLIS DRIVE AND BELDON AVENUE IN IOWA CITY, IOWA. This Agreement is made between Judith Cooper-Skorton ("Owner") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, Judith Cooper-Skorton is the fee owner of certain real estate addressed as 303 Willis Drive and described as follows: Lot 5, Willis Subdivision; and WHEREAS, Judith Cooper-Skorton, hereafter "Owner," has constructed a fence along the north and east side of her property addressed 303 Willis Drive, as indicated in Attachment A; and WHEREAS, said fence extends approximately 9.5 feet into the right-of-way of Willis Drive and approximately 11 feet into the right-of-way of Beldon Avenue adjacent to the property; and WHEREAS, Owner agrees to remove the portion of fence intruding into the Willis Drive and Beldon Avenue rights-of-way at such time the City requires use of any part of the rights-of-way for any purpose; and WHEREAS, Owner has requested the City permit temporary use of a portion of the Willis Drive and Beldon Avenue rights-of-way adjacent to the property; and WHEREAS, the City Engineering Division has reviewed the site plans, and finds the fence to be a minimal intrusion into the public rights-of-way which will not adversely affect the City's interest therein; and NOW, THEREFORE, in mutual consideration of the promises herein, Owner and the City of Iowa City agree as follows: In consideration of the conditions herein, the City agrees to permit Owner to extend a portion of a fence into a portion of the Willis Drive and Beldon Avenue rights-of-way, and that said extension into the Willis Drive right-of-way shall be approximately 9.5 feet and extension into the Beldon Avenue right-of-way shall be approximately 11 feet. 2. Owner agrees to comply with the conditions set forth herein. Owner agrees that in the event the City requires use of any part of the rights-of-way for any purpose, and/or must remove any portion of fence, City is not responsible for the restoration of, replacement, or payment of damages for said fence, and it shall be the Owner's burden to restore the fence at her own expense if she chooses· 2 Owner agrees that the City may, at its discretion, elect to give notice to Owner to remove the fence which extends into the Willis Drive and Beldon Avenue rights-of-way, all as provided in Section 364.12, Code of Iowa (1997); and in the event Owner does not comply within the time period designated in the Notice to Remove, City may elect to remove, or direct removal of the fence and/or any other obstructions from the rights-of-way, and to charge the cost of such removal to Owner, which Owner hereby agrees to pay. Further, any costs of removal may be assessed against the property in the manner provided in Section 364.12(2)(e), Code of Iowa (1997). Owner, together with her successors and assigns, agrees to indemnify, defend and hold City harmless in connection with any liability whatsoever arising in regard to the installa- tion, maintenance, use, location, existence or repair of said fence within the Willis Drive and Beldon Avenue rights-of-way, including any liability which the City may incur as a result of its decision to allow placement of said fence within the Willis Drive and Beldon Avenue rights-of-way. Owner may later be required to carry liability insurance coverage, but such coverage is now waived by the City. If any required insurance is not maintained, the City shall have the right to remove the fence pursuant to Section 364.12, Code of Iowa (1997). Owner acknowledges and agrees that no property right is conferred by this grant of permission to use the Willis Drive and Beldon Avenue rights-of-way for placement of the fence; that the City is not empowered to grant a permanent use of its street rights-of-way for private purposes; and that the City may order said portion of fence removed at any time, if, for any reason, the City Council determines that the property on which the fence is located is needed for a public use and/or should be cleared of any or all obstructions, as provided by state law. e This Easement Agreement shall be recorded in the Johnson County Recorder's Office, at Owner's expense. 8. This agreement shall be binding upon and shall inure to the benefit of the respective heirs, Attest: ~ ./f2. ,,Jf/'~ Mar~l~K. Karr, City Clerk Approved by .... /'. 3 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Or~_.h~%/~3 ~a day of /~j~-0~-,~,l~ ¢ , a Notary ,19 q.~ , before me, Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (OrdiPanoc) (Resolution) No. ~---~'-fL~ passed by the City Council, on the _5 ~ day of /~3~u ,~,-,_~, ~-, / ,19 ~7 ~ , and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ---~ rL,-~,~ ~,-'r~F? Notary Public in and for the State of Iowa OWNER'S ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this "~j ~ day of , _C; (-~ ~ 1998, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Judith Cooper-Skorton, to me known to be the identical person named in and who executed the within and foregoing instru- ment, and acknowledged that she executed the same as her voluntary act and deed. nd State pweng/agtJwillis.doc ATTACHMENT A .J Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF COUNTRY CLUB ESTATES FIRST ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, S & J Development, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Country Club Estates First Addition; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Country Club Estates First Addition, Iowa City, Iowa, is hereby approved, The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this day of , 1998. ATTEST: CITY CLERK ppdadrnin/res/ccestate .doc MAYOR Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 98-347 RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF PRAIRIE MEADOW, PART 2, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Michael Dombroski, filed with the City Clerk the final plat of Prairie Meadow, Part 2, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: All of Lot 1, Prairie Meadow, as recorded in Plat Book 34 - Page 231; and all of Auditor's Parcel 98088 as recorded in Plat Book 39 - Page 171 ; and a portion of the NE 1/4 SE 1/4, Section 34, T. 80 N., R. 6 W., of the 5th P.M., being the Lundquist realty described in Book 218 - Page 83 and as depicted as a 9.1 acre tract in Plat Book 4 - Page 243, Johnson County Recorder's Office; all of the above being described by metes and bounds as follows: Beginning at a PK nail marking a point which is recorded to be 1642.6 feet north and 969.0 feet west of the concrete monument marking the SE corner of said Section 34, which point is also on the centerline of Prairie Du Chien Road; thence N03°06'17"W - 81.40 feet along said centerline to a set PK nail; thence S88°24'19"E - 224.04 feet along the common line between Lots B and C of the Subdivision of the NE 1/4 SE 1/4, Section 34-80-6 as recorded in Plat Book 4 - Page 335 to the SW corner of said Auditor's Parcel 98088; thence N43°00'00"E - 37.36 feet along the northwesterly line of said Auditor's Parcel 98088 to the north corner thereof; thence N04°12'51"W - 56.94 feet along the east line of said Lot B to a 5/8" rebar found marking the common east corner of Lots A and B of said Subdivision of the NE 1/4 SE 1/4, Section 34; thence N03°46'56"W - 85.88 feet along the east line of said Lot A to a 5/8" rebar found marking the NE corner thereof; thence N88°35'00"W - 252.87 feet along the north line of said Lot A to the centerline of Prairie Du Chien Road; thence N06°27'24"W - 15.20 feet along the centerline of Prairie Du Chien Road to the SW corner of said Lundquist realty; thence Northwesterly - 218.39 feet along said centerline along a 1691.42 foot radius non-tangent curve concave easterly with central angle of 07°23'52" and chord of N06°55'24"W - 218.23 feet; thence Northeasterly - 146.30 feet along said centerline along a 169.64 foot radius non-tangent curve concave easterly with central angle of 49°24'43" and chord of N26°00'13"E - 141.81 feet; thence Northeasterly - 142.88 feet along said centerline along a 279.57 foot radius non-tangent curve concave southerly with central angle of 29°16'55" and chord of N66°03'24"E - 141.33 feet; thence N83°55'07"E - 391.06 feet along said centerline; thence Northeasterly - 224.31 feet along said centerline along a 992.04 foot radius non-tangent curve concave northerly with central angle of 12°57'18" and chord of N75°43'59"E - 223.83 feet; thence Northeasterly - 242.70 feet along said centerline along a 289.80 foot radius non-tangent curve concave northerly with central angle of 47°58'56" and chord of N47°03'15"E - 235.67 feet; thence N14°16'12"E - 99.95 feet along said centerline to a 5/8" rebar found marking the E 1/4 corner of said Section 34; thence S00°58'29"E -. 150.26 feet along the OO0 'D- Resolution No. 98-347 Page 2 east line of said NE 1/4 SE 1/4, Section 34 to the NW ROW corner of Syril Street of Prairie View Estates, Part One as recorded and amended by Affidavit in Plat Book 31 - Page 7; thence S01°35'35"E - 60.08 feet to the NW corner of Lot 1, said Praide View Estates; thence S01°35'35"E - 137.95 feet to the common west corner of Lots 1 and 2, said Prairie View Estates; thence S00°16'09"E o 188.23 feet to the common west corner of Lots 2 and 3, said Prairie View Estates; thence S01°16'47"E - 150.22 feet to the common west corner of Lots 3 and 4, said Prairie View Estates; thence S00°35'17"E - 96.10 feet to a 2" pipe found marking the SE corner of said Lundquist realty which is also the NE corner of said Lot 1, Prairie Meadow; thence S00°09'27"E - 264.07 feet along the east line of said Lol~ 1, Prairie Meadow; thence S00°17'10"E - 263.54 feet along said east line of Lot 1 to the SE corner thereof; thence N88°39'17"W - 275.80 feet along the south line of said Lot 1 to the SW corner thereof; thence N01 °40'07"E - 123.60 feet along the west line of said Lot 1; thence N43°O4'50"W - 169.03 feet along the westerly line of said Lot 1 to the SW corner of Lot 2, Prairie Meadow; thence N06°25'17"W - 140.51 feet along the east line of said Lot 2; thence N68°58'45"W - 111.18 feet along the north line of said Lot 2; thence N79°09'56"W - 35.21 feet along the north line of said Lot 2; thence S71°01'15"W - 71.75 feet along the north line of said Lot 2; thence S44°04'28"W - 148.74 feet along the north line of said Lot 2; thence S04°10'24"E - 27.64 feet along the west line of said Lot 2 to the SE corner of said Lot C; thence N88°28'00"W - 253.10 feet a~ong the south fine of said Lot C to the Point of Beginning. Said Prairie Meadow - Part 2 contains 16.52 acres which includes 1.19 acres of County Road ROW Easement. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, the subdivision and dedications have been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the conditional dedication of the streets, right-of-way and easements as provided by agreement and by law. , The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attomey, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. 000233 Resolution No. 98-.___347 · Page 3 Passed and approved this 3rd CORPORATE SEAL ATFEST:C~ '/%'/. ~'/fl-4} It was moved by Thornberry adopted, and upon roll call there were: AYES: day of November ,199.8_.. , ~ ..../:::~,/. ,~ oved and seconded by VanderhnP~ the Resolution be X X X X X x X NAYS: ABSENT: 'Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef plxisclmin/res/prairiem.doc 000234 STAFF REPORT To: Planning and Zoning Commission Item: SUB98-0025 Prairie Meadow Part 2 GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Prepared by: John Yapp Date: October 15, 1998 Mike Dombroski 2140 Prairie Du Chien Iowa City, Iowa 52240 Tom Anthony 535 Southgate Avenue Iowa City, Iowa 52240 Phone: 354-1984 Final plat approval To create a 7-lot residential subdivision The east and south side of Prairie Du Chien Road, north of its intersection with Linder Road 16.52 acres Residential and open space, RS North: Suburban Residential, RS South: Suburban Residential, RS East: Suburban Residential, RS West: Suburban Residential, RS The Fringe Area Agreement permits residential development on a case-by- case basis at a density of one unit per three acres. One unit per acre in considered for rezoning if a minimum of 50% of the property is designated as open space or agriculture, This property was zoned to RS, one unit per acre, prior to the Fringe Area Agreement being enacted. Applicable Code requirements: Chapter 14-7, Land Subdivisions 2 File date: September 16, 1998 45-day limitation period: October 31, 1998 BACKGROUND INFORMATION: The applicant, Mike Dombroski, is requesting final plat approval for Prairie Meadow, Part 2, a 16.52-acre, 7-lot residential subdivision located on the east and south side of Prairie Du Chien Road, north of its intersection with Linder Road in Johnson County. The preliminary plat for this subdivision was approved in September of 1998. ANALYSIS: Conformance with Subdivision Regulations: The proposed final plat is in general conformance with the City's subdivision regulations. The subdivision is in conformance with the approved preliminary plat. Legal papers have been received, and are being reviewed. The legal papers will need to be approved prior to City Council consideration of the final plat. The design of Prairie Meadow Court appears to be in conformance with the rural design standards in the Fringe Area Agreement, which require a 60-foot wide right-of-way and a minimum surface width of 22 feet. The 60-foot right-of-way is wide enough to enable the retrofit of sewer, water and sidewalk infrastructure if necessary in the future. Prairie Du Chien Road Reconstruction: Prairie Du Chien Road will likely be realigned in 1999. The applicant will be dedicating right-of-way along the west sides of lots 6 and 7 for this realignment. The preliminary plat reflected roughly where the new Prairie Du Chien Road would be located, to show that it would not interfere with setback requirements on Lots 6 & 7. No development is permitted on Lot 7 until Prairie Du Chien Road is realigned. Similarly, no new access points are permitted onto Prairie Du Chien until it is realigned. Sydl Street: The preliminary plat was approved with the condition that the Syril Street right- of-way be extended from the east property of the proposed Lot 7, to the new alignment of Prairie Du Chien Road, at the time Lot 7 is resubdivided or developed, or at the time Prairie Du Chien is realigned. A note on the final plat reflects this. Extending the Syril Street right- of-way will provide a secondary means of access to the neighborhood to the east, and to Lot 7 should it be resubdivided. The legal papers will need to reflect that Syril Street right-of-way will be extended from the east property of the proposed Lot 7, to the new alignment of Prairie Du Chien Road, at the time Lot 7 is resubdivided or developed, or at the time Prairie Du Chien is realigned. STAFF RECOMMENDATION: Staff recommends that SUB98-0018, a request for a final plat of Prairie Meadow, Part 2, a 16.52-acre, 7-lot residential subdivision located on the east and south side of Prairie Du Chien Road, north of its intersection with Linder Road in Johnson County, be approved, subject to the approval of legal papers prior to City Council consideration of the plat. 3 ATTACHMENTS: 1. Location Map. 2. Final Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development \ I 9 · - / 0 0 ! II -| 11-03-98 9 Prepared by: Misha Goodman-Herbst, Animal Shelter Super., 4! 0 E. Washington St., Iowa City, IA 52240 (319) 356-5031 RESOLUTION NO. RESOLUTION ADOPTING PERMIT RULES AND REGULATIONS FOR CIRCUSES AND RODEOS WHEREAS, it is in the public interest to adopt permit rules and regulations for circuses and rodeos; and WHEREAS, the City Code provides that rules and regulations for animal permits, including permits for circuses and rodeos, shall be approved by resolution of the City Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The City Council hereby finds the attached Circus Permit Rules and Regulations and the attached Rodeo Permit Rules and Regulations are in the public interest, and are hereby approved and adopted as to both form and content. Passed and approved this day of , 1998· ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR and seconded by AYES: NAYS: ABSENT: City Attorney's Office the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Circus Permit Rules and Regulations Purpose of Regulations: The purpose of these rules and regulations is to provide humane, safe, and sanitary surroundings and treatment for performing and nonperforming domestic and wild animals related to circuses and to provide a safe environment for the public who attends performances and general areas in which circus animals are maintained. Scope of Regulations: The provisions in these rules and regulations apply to all circuses regardless of whether or not a fee is charged to the public for attendance. Time Requirement: All circus permits shall be applied for at least 30 days prior to the first scheduled performance. The division of animal control shall be notified immediately when a circus enters the City of Iowa City. Exemptions: Circuses travelling through the City of Iowa City enroute to other locations and not performing within Iowa City shall not be subject to permit requirements unless the circus remains within the City of Iowa City for more than 24 hours. Definitions: Performing Animals: Performing animals shall be animals that have been rehearsed, controlled or monitored by a trainer and can accomplish a consistent routine under prescribed behavior conducted under the discipline of a trainer. Nonperforming Animals: Nonperforming animals shall be animals which are exhibited enclosures and are not removed for rehearsal or performance. to the public in cages or Cages: Cages shall mean any enclosure in which the public has normal access to any area within three (3) feet of any portion of the case enclosed by bars. Large Carnivore:- Large Carnivore includes but is not limited to lions, hybrids of such animals, and other carnivores. tigers, jaguars, leopards, pumas, wolves, Primate: Primate includes, but is not limited to, gorillas, orangutans, spider monkeys, macaques, and all other primates, old world monkeys, and new world monkeys. capuchins, 2 Size of Animal Cages and Enclosures, Containment Requirements (a) Large Carnivores: Large Carnivore animals shall be housed individually in cages no smaller than 98 inches deep, 65 inches wide and 78 inches high per animal. Each additional animal housed together will require an increase in space of twenty five percent. The cage must be constructed of steel or casehardened aluminum with at least one solid side or portable divider panel so that no animal may harm another animal. All cages must have a steel floor with a wood surface suitable for drainage of urine covered with a natural substrate. All cages shall have secure locking devices and shall be well ventilated. Cages exposed directly to the public must be constructed of steel or alloy bars no more than 1¼ inches apart. (b) Bears and Hyenas: Bears and hyenas must be housed in cages no smaller than 91 inches deep, 48 inches wide and 76 inches high. Each additional animal housed together will require an additional 25 percent increase in space. Cages must be constructed of steel or casehardened aluminum with one solid side or a portable divider panel so that no animal may harm another animal. All cages must have a steel floor suitable for drainage of urine and be covered with a natural substrate. All cages shall have secure locking devices and be well ventilated. Cages exposed directly to the public must be constructed of steel or alloy bars no more than 1¼ inches apart. (c) Primates: Primates must be housed in cages no smaller than 91 inches deep, 65 inches wide and 78 inches high. Cages must include a sitting perch above floor level and exercise objects, which promote physical and psychological well being. These may include but are not limited to sturdy ropes, bars, branches and chains. All cages shall be constructed of steel or casehardened aluminum with one solid side or a portable divider panel so that no animal may harm another animal. All cages must have a steel floor suitable for drainage of urine and covered with a natural substrate. Cages exposed directly to the public must be constructed of steel or alloy bars no more than 1¼ inches apart. All cages must be sufficiently constructed to be escape-proof and the door must have a padlock at the top and bottom. (d) Hoofstock Animals: Hoofstock animals such as zebras, homes or buffalo shall be maintained within an enclosure constructed of galvanized steel livestock panels appropriate for preventing the animals' escape. Animals must have enough room to exercise and move around within enclosure. Separate enclosures shall be maintained for animals that are not compatible with one another. All animals shall be provided with a shelter that has a roof and three sides. Enclosure floors shall be dirt or an appropriate substrate. General Provisions: All animals shall have currently maintained vaccinations specific to each species. A written log for the animal(s) maintained must be on site. The log shall be written in the English language and shall contain the following information: animal's health care, vaccination, treatment records, type of treatment and dates of treatment, identifying marks or characteristics, and veterinarian's signature. A veterinarian must be must be on call twenty-four hours a day. All circuses are subject to the United States Fish and Wildlife service regulations, Iowa State Agricultural Codes and Iowa City Municipal Codes. 3 10. 11. 12. 13. 14. An animal trainer or handler shall be on duty at all times in the areas in which the animals are located in order to monitor the animals and to prevent unauthorized persons from entering these areas. At least two animal trainers or handlers shall be present whenever animals are performing for the public to ensure the safety of the animal and the public. While in performance, the public shall be protected from the large carnivores and omnivores by a steel mesh cage that must extend 13 feet high. Hard floors within cages or enclosures shall be cleaned a minimum of once weekly. Walls of cages and enclosures shall be spot cleaned daily. The surfaces of cages including perches, shelves and any fixtures shall be cleaned weekly and shall be constructed in a manner that permits thorough cleaning. Cages and enclosures with dirt floors shall be raked a minimum of once every three days and all waste material shall be removed. Any surface of cages or enclosures that may come into contact with animal(s) shall be free of excessive rust that prevents the required cleaning or that affects the structural strength. All animals shall be provided with fresh water at intervals as to ensure their health and welfare. All pools, tanks and water containers shall be clean and enclosures shall provide drainage for surface water and runoff. Food shall be of a type and quantify that meets the nutritional requirements for the particular species and shall be provided in an unspoiled and uncontaminated condition. Containers shall be clean. Fecal and food waste shall be removed daily from inside, under and around cages and stored or disposed of in a manner which prevents noxious odors or pests. Cages and enclosures shall be ventilated to prevent noxious odors. All animals shall be cage rolled, leashed; haltered, tethered or chained while being transported from cages to arena. All cages and enclosures shall have adequate locks and shall remain locked at all times and will only be opened to allow temporary entry or exit'by a handler. Safeguards are to be used when necessary to prevent escape of animals such as double-door mechanisms, interconnecting cages, lock down areas or other comparable devices. All cages or enclosures constructed shall be well braced and securely anchored at ground level to prevent escape by digging or erosion. Animals shall be publicly displayed only for periods of time and under conditions consistent with the animal's health and comfort. The animal must be handled so' there is no perceived risk to the public in the judgment of the Animal Control Officer, with sufficient distance allowed between animal acts and the viewing public to assure safety to both the public and the animals. Animals on display shall be contained within an escape-proof area or enclosure at all times when not under the immediate control of a handler. Circus animals shall be allowed a rest period of at least 4 hours per day within 4 15. 16. an enclosure. Permit holders are subject to all permit rules and regulations. A veterinarian must have appropriate tranquilizing and immobilization drugs and equipment available in the event of animal escape or injury. It shall be the responsibility and liability of the circus owner, animal owners, handlers and trainers to recapture and if necessary euthanize any animal that escapes. Rodeo Permit Rules and Regulations Purpose of Regulations: The purpose of these rules and regulations is to provide humane, safe, and sanitary surroundings and treatment for performing and nonperforming animals related to rodeos and to provide a safe environment for the public who attends performances and general areas in which rodeo animals are maintained. ScoPe of Reclulations: The provisions in these rules and regulations apply to all whether or not a fee is charged to the public for attendance. rodeos regardless of No person or group may operate a rodeo within the City limits without first applying for and obtaining a permit to do so. All rodeos and rodeo events will be subject to inspections prior to approval of permits and prior to all events. All rodeos must be sanctioned by the Professional Rodeo Cowboy Association ("PRCA") and abide by all PCRA Bylaws and Rules. Rodeos may include events of Team Penning, Barrel Racing, Saddle Bronc Riding and Bull Riding. No other events may take place without prior approval from the director of Animal Control. A veterinarian must be present for every performance and must certify all animals as fit to perform. Animals found to be unfit to perform will be housed in a quiet location away from performance arenas. Animals must be isolated and as comfortable as possible to reduce stress. A veterinarian may recheck animals every hour to determine whether the animal is again fit to perform. Animals must receive any medical attention necessary for their well being. Animals found by an Animal Control Officer to be unfit to perform due to injury, illness, extreme aggressiveness or behavior that may be considered unreasonably dangerous to the animal or the public shall not be allowed to perform. All animals must be maintained in adequate containment areas that ensure the health and safety of the animal and the public at all times. All animals must be under proper control whenever outside of containment fencing. No animal may be allowed to run loose outside of containment fencing or fenced arena. All animals must be properly identified with tattoos, brands, microchip identification, or cat. tie mark to identify ownership. All animals housed together must be compatible. Noncompatible animals shall be housed with a separation wall constructed in such a way as to prevent animals from gaining access to one another. 9. All animals must be appropriately vaccinated· All animals must have reasonable 2 access to proper food, fresh water and adequate shelter. 10. Fecal and food waste shall be removed daily from inside and around enclosures and stored or disposed of in a manner which prevents noxious odors or pests. 11. Dirt enclosures and arenas shall be raked clean daily. 12. Equipment and personnel must be on hand to remove any injured or down animal from the performance arena and to recapture any animal in the event of escape. 13. A veterinarian must have appropriat.e tranquilizing and immobilization drugs and equipment available in the event of animal escape or injury. 14. Any PRCA official, Animal Control Officer, judge, or stock contractor or veterinarian may stop any event due to unsafe arena conditions, animal injury or behavior which maybe considered dangerous to the animal or the general public. 15. All rodeo events are subject to the rules of the Professional Rodeo Cowboys Association, Iowa State Agricultural Code requirements, United States Agricultural Code requirements and Iowa City Municipal Code requirements. FROM:PRCA NTL ID=719 PACE PPRORODEO Ootober :19, 1995 101 Pro Rodeo, Dtlve ~lorado Springs, Gdomdo ~)e19-e~9 719/593-8840 TO: Mayor Lehman, Iowa City Counc'~ Members and Stephen Atkin~ City Manager FP-,OM: Cindy Schonholtz, Animal Welfare Coordinator, 719-52g-4794 Professional Rodeo Cowboys Asso~ation Af~ many calls from concerned citizens, I have looked into the rules and regulations that have been proposed by Animal Control SupcFvisor, lV~sha Goodman-Herbst. The City Clerks office informed me that this would be brought to the City Council on November 3 for first consideration. After reviewing the rodeo rules proposed, I am concerned that th~se are not propcnrly researched, very vague in the wording and very limiting to the citizens of Iowa Cit~. I also understand that there are no facilities in Iowa City to hold a circus or rodeo. This makes me question why this issue comes up continuously in Iowa City tying up the Cities resources. Here are my concerns with the proposed rules: 1. This Me requires that a person or group must apply for a permit before operating a rodeo withiag the city limits. That is a ve~ general statement and has no provisions on what the F_nnit process will be,, if there will be a fee charges and what the requirements will be to obtain a perr~t 2. This rule requires all rodeos and events to be subject to inspections prior to approval of permits and prior to all events. It does not say who will conduct these inspections and what the criteria will be for the insp~'tion_ 3. This rule would allow only rodeos sanotioned by the Professional Rodeo Cowboys Association. It does not allow youth rodeo such as those sanctioned by the National High School Kodeo Association, National Little Britches Rodeo Association or the National Junior Rodeo Association. This would cert~nly lh'ait the availability of activities to the youth of Iowa City and without any explanation. All youth rodeo associations as well as most other rodeo associations also abide by many ml~s that regulale the care and treatment of rodeo animals. NOTE: This rule has the initials for the Professional Rodeo Cowboys Association as PCRC - the corr~tials~{~e OCT-30-ge'li=47 FROH=PRCA NTL HEADOUARTERS ID=71~ 548 q876 PACE Iov~ City - Pa~ two 4. This rule allows only Team Pe~mn5 Barrel P, ach~ Saddle Bronc Riding lind Bull Riding. Other events would require the !x4-,_'._'.js~on of the A_n_im~J Control Supen4sor. There are many problems with tM.~ rule. A. Team p~ni,,5 is not an event sanctianed by the PRCA at any rodeo. B. Barrel tOnn~ is not an event sanctioned by the PRCA, ths Womens Professional Rod~ Association sanctions this ~vcnt - it is not clear if role 3 will allow this. C. Why allow only the~ two PKCA evaxts? Why allow Saddle Bronc Riding and not Bare, back Bronc ~ - wh~ about the timed events? D. This nde is in dimct ~ with rule number 3. PRCArulenumberB15.1.13star~, ~'Arodeo approvecL ' Thexdore a rod~ that only includod the events lisWd in rule numb~ thr~ would not 1~ approv6d as a PRCA sanctioned ~mlL 5. I do not hav~ an objection to this rule as PRCA rules require that a vetainadan must be on site. 6. Ther~ ~ no problems with this rule. This too is common ssns~ as wsll as cov~a~l by state law. 10. This mlc is vemy broacL Rodeo animals are free fed geaenlly and the excess hay is l~ft in the pens and works well for bedding and absorption of water if th~ weather is wet 1 I. This is redectant and I feel unnecessaxy. 12. This is again common sense .s. na proper animal husbnndry. 13. All vetemarians who would orenee such an event should know the proper medications to tmng in ord~ to propaly ues~ large ani~,als. h the rare ovent of an escape, livestock handlers would work togsher to recapture thnauimalwhilccnsuringpublicsnf~'y. I am not aware of any escape by a rod~ animal in which a member of fiz public was banned or injured in any way. 14. This is vezy broad b,xsed and does not dcfmc what thc an_ imsl control officcr would consida unsafe arena COndiIiOIB, Or behavior which lllay be coBsidered dallgerotls to the animal Or the galefa] public. Ccnainly PRCA,other association oiYgials, judges or stock contractors would stop arodeo if they thought that anyons is m danger from the condilions. This would be done in accordance to the rulcs of the association that sanctions the rodco. In addkion, stock conUactors would not be willing to risk valuable animals ff the condition wcrc ,insarc. These cntirjcs are familiar with rodeo cvenxs, livestock and rodeo events. This knowledge and cooperation with each Or. her would enable them to dctcrminc if thc conditions wcrc to ~us. Givin~ broad based control to d~ anlrn~l control officer without ddinition of ~ would bc consider too dax~$crous is disturbin~ 0CT-20-98 11:48 FROM:PRCA NTL HEADQUARTERS ID:719 548 487B PAGE Iowa City - Page three 15, This rule again ~imlts the rodeos to PIlLCA sancticzed ~vents and leaves the citizens of Iowa City without tlz ability to put on rodeo sanaicmcxl by other prof~sicnaal organizations u w~ll as sl~cial intarest rodeo asso~ons s~-,h ~ tl~ N~onal ~ School Rodeo As,~ci~on, th~ lntana~oazl Gay l~deo Association, and Iowa State Agriculture Co& requirements, United State Agriculture Co& requirements and Iowa City Municipal Code requireaents goes without sayin~ questions that cotn~ to mind whm r~viewin~ these proposed rules and regulntioos ar~: 1. Has th¢~ been an incident in Iowa City that would warrant concern about rodeo c-vents ? 2. Do the citizens of Iowa City support what is basically a ban on rodeo evems in their city ? 3. Th__e~ SOn Of Strict regulm'ionS that would have b~-ned ¢{rcalses and rodeos have bccn intrCXiUClxt in the past in the fonn of an ordinanc~ and fail~L What is the purpose of bringing them up again in Iowa CitY? 4. Without the facilities available for a rodeo or circus, why adopt such rules? The PP, CA is vcry grious about animal welfare issues and supports the proper care and trcatmcnt of rodco livcstock at all events. 60 ndcs and regulations safeguardLug the animals are enforced by profcssional judges at all PRCA-sanctioacd events. A v~crinarian must b¢ ¢m sire at all ~vents. TIm American Vct~inan/M~lical Association rCCO~i~e$ th~ PR.CA rules ~ file best ill tim rod~ ~ and Iccomm¢Ild.s all rodco ~veslts abide by similar iulcs. Most major rodeo sanctioning organizations hztv¢ $imi|a{ rules. If tlg City of Iowa City is ~nc~ned about the rare and tr¢,_r,,,,-t of rodeo animals, ttz PKCA and other rodeo ccganizations would bc pl¢ascd to assist in drafting rifles that would protegt th~ animals while allowing ¢itizem th~ fredclam to enjoy thc sport of rodeo. The PRCA has worked in the past with other cities to dev¢lop saf~guaxds for rodeo fivestock. I hope that tlz City of Iowa City will ~onsidcr the rules proposed too vague, gCi~l]y mmn~.~-~v3r gttKl Sevealy limiting tO tlg Citi_Tnt~. Plcsse fe~l flee to contact na~ with any questions or Sincerely, ~ Animal Welfare Coordinator Prof~sional Ro&o Cowboys Association Colorado Springs, Colorado 0CT-30-98 11:~8 F~O~:PRCA NTL HSADQOA~TSRS ID:?19 548 ~876 PA~S 5/5 PROFESSIONAL RODEO COWBOYS ASSOCIATION 'Animal Welfare Facts t · PRCA rules require The first rules for the Humane ~ veterinarians to be on-site for all and five ~res for top bucking Care and Treatment of rodeo animals were established by the Professional Rodeo Cowboys Association in 1947, a full seven years prior to the founding of the Humane Society of the United States. · In a 1994 survey conducted by on-site, independent veterinarians at 28 PRCA sanchoned rodeos involving 33,991 animal runs, 16 injuries were documented. That equates to less th~ five- hundreclths of one percent · On-site veterinarians at 26 PRCA sanctioned roaeos conducted between August and Septemir 1994 in the State of Califomia..reported t~at of 915 runs of Calf Roping, one minor injury occurred which has now fully recovered. · The average bucking horse or bull works less than five minutes per year in the arena. rodeo performances and sections )ofstack. · The PRCA has 60 strictly enforced rules sped~cally designed for the humane treatment of rodeo's animaJ athletes. · Human skin is I mm- 2mm thick, horse hide is 5 mm thick and bull hide is 7mm thick. · The flank strap is iteece-iined in t~. flank area, which can be compared to the waist of a human. Ifthe strap were tightened too ti~t, the animal would refuse to move, much less buck,. · Many stock contactors pay four stock. One prominent PRCA stock contra~or recently paid $30.000 for one bucking horse. · PRCA rules limit the amount d time animals can be trensported. - Performance based breeding is a big part of the bucking stock business. Stock contractors have developed sophisticated breeding programs that have produced many of the great bucking horses used in today's PRCA rodeos. . Out of the 70 PRCA stock contractors, about 30 operate some type of livestock breeding program. · Rodeo livestock live long and healthy lives. The average ages of bucking horses in today's rodeos ' are twenty years of age and many bulls are ~11 active buckers at 15 years of age. Veterinarians at-u'ibu-~ it to the good care they receive which includes quality feed and adequate ex~rdse. · Rule RI0.1.2 prohibits the use ofcaffie prods in bull dding, no e~:ept~ons. · Rule RI 0-1.5 Use of prods prohibited, except for chute stalling as follows; in the riding events, use of prods and similar devices is prohibited. The only exceptions shall be in the saddle bronc riding and in the bareback riding, and only in the case of a known chute stalling animal (with · Approximately 50 PRCA stock contractors from across the U.S- and Canada will provide ]ivestock for the i997 NFFL - Approximately 700 animals over 10 performances are used at the NFFL The t 996 NFR reported no animal injuries.. FOR [VIORE INFORIvI~,TION: Professional Rodeo Cowboys · PRCA rules prohibit the use of ;'~ *' -~Zol0r~c~'~rings, CO 80919 NOV 02 ll:58AM P.E ENTERTAINMENT, INC. November 2, 1998 The Honorable Emi¢ Lehman Mayor, City of Iowa City VIA FACSIMILE Rtnlllmg Btos. - Bantam & Bailey Combitxed Shows, ]rw,. lIE: Proposed Animal Control rules and Fe~ulafiolis regarding Dear Mayor Lehman: : ~,- rAreuses cn hmn Oralvia V~ee Meat (703) 749-$$47 Kingling Brm. · Barnurn & Bailey Irm:mational, Inc- Ic~ Follie~ am] Holiday On Ice, In,'. Ringlie. ll Broi. zz'Kl Bouturn & Baile~ Sic ftted& Ko,/~ at ~c Mirage Disney on Ic~s~ Ringllr. g Brm. Batam & CWwn CoiLegc~ Th= Wk,vd of O, ors teem Madhsct,,u~ New York-New York Hotel & CsstndTM On behalf of Fold Entertaiment, _l .ne., the parent company ofRinSling Bws. and Barnurn & Bailey® circus, i would like to respeot~xlly express ,our company's opposition to the · proposed pgnnit rulr~ and regulations relating to circuses that Would prohibit performing elephants in Iowa City. We further oppose this initiative because the lauguage relating to caging and tethering requirements is necessarily burdensome and duplicative of existing laws and regulations regarding the pwper housing and transport of performing animals. As you may be aware, circuses and other traveling exhibitions arc required to be licensed by the United States Depaxttneat of Agriculture and are subject to unatmounced and regular inspections by USDA. In addition, the care, housing sad transportation of exhibition animals are governed by the Animal Welfare Act at the federal level, as well as a myriad of state and local animal cruelty ordinances. Wh=n enforced properly, these regulations promote the proper care, handling and ownership of all animals. With over 128 years experience, Ringling Bros. and Barnurn & BaiWy is recognized as a leader in the care and well-being ofperformlng and exotic animals, tad we are pleased to work with federal, state, and local animal control authorities to insure that our performing animals receive the best care possible. Each anirrml in our cimus community is provided with a lifetime of veterinary attention, nutritious meals, and a clean and safe home. The aniraals are also stim-latcd by all the exciting acdvity aretrod them, have time for play and social interaction with other animals, and have a chance to use their physical and mental skills every day. In fact, because of the superior care they receive, the animals in the Ringling Bins. family live healthier, safer, and longer lives than their counterparts in the wild. (colltilllleA) ' Executive OffWee · 8607 Westwood Center Drive , Vienna, Virginia 22182 · (703) 448-4000 · Fax (703) 448-4100 · E-malh hk] IntOsol.corn NOV 08 '98 ll:58AM P.3 Mayor Lehman Nove~mb~r 2, 1998 Page Two The Asian ol~hant is one of our most popular animal performas and perhaps the species most commonly associated with The Gr6at~.t Show On Barth®. Asian elephants have enjoyed a unique r~lalionahip with humans for many centuries, and wer~ domesticated in their native lands as far ba~k as 4,000 yeazs ago. As a result of their history livin~ and workin~ with humans - and because of their intelligellce and physical abilities - Asian elephants are well suited to pm'brming. Indeed, for our audiences across North America, the circus and eWphants 1~o handin-hand. In every city we visit, our audicnccs have the opportunity to vieW both exotic and domestic animals that many would otherwise never have the chance to enjoy. Independent studies have shown that the opportunity to experience elephants and oth~r exotic animals up close in an entertainment setting contn'butcs to the public' s awareness of and interest in preserving these magnificent animals. This is esp~cially true for children, who not only become more aware of thc animals and their special needs and abilities, but also expericnce first hand the importance of cazing for and respecting all animals. In statements to the media about her philosophy on perlorrainE elephants, Animal Control Supervisor Mis_h.a Goodman-Herbst has ~pressed concern about public safety. Let mo take this oppommity to assam you that our trainers and handlers respect the inherent nature of wild animals, and at no time in our entire history have we had an animal-related incident that placed a member of the public at risk. In ~ of the 90 cities we visit each year, our elephants, 'zebras, horses and other hoofed animals walk through public streets from the traia to the arella. Each day, they perform in front of live audiences. While much has been macl~ by the activist community over the number of elephant-related d~aths or injuries, it mounts to little more than speculation. One thing we do know is that the circumstances surroundin~ each one of thcsc incidents varies ~cstly, and in each case the evidence indicates that the cause of the incident was likely human error and in no way indicative dan overall problem amongst performing elephants. On beb nl f of Fcld Entcrtalnm.ent and Ringl~ Bins. and Barnurn and Bailey, I respcct~tlly uric the members of the City Council to .oppose the proposed regulations rcgarding circuses. If you or your staff have any qucstions, or if I can bc of any assistance while you review this issue, please do not hesitate to contact my office at (70s) 749-5547. Thank you for the opportunity to present our views. CO: City Council Merebin Sincerely, Vice Presiderot, Government Relations '!,L: "?' 1998 FROM: ~ONAL~ C KORKOW 71252620~5 Mayor Lehman, Iowa City Coundl Members and Stephen Atldns, City Maoagcr Boarfie Korkow, State Delegate for Miss Rodeo Iowa 712-526-2035 As a parent, I am concerned with the rules and regulations being proposed by the Animal Control Supervisor, Misha Goodman-Herbst. After reading the pwposal, these rules and regulations set forth for reading on Tuesday are contradicting and redundant. The proposed rules, have not been researched to get the facts, It appears she does not know the rules ofrodco. I ask why sh~ only includes team potruing, barrel racing, bull ridin~ and saddle brono riding wheo there are numerous events in a rodco sanctioned by the PRCA (not PCRC). This fact makes it obvious to me she does not know rodeo. If would be a shame ff this action would ban youth rodeo. My children have gained lifelong skills from their participation in rodeo. My son was Vice President and President ofth~ National High School Rodeo Assochtion and my daughter was Miss Rodeo South Dako~ There are very few organizatio~ where chil~ can develop leadership skills, interviewing skills, team workin,Co skills, good sportsmanship, ab'dity to meet people, and understand the importance of staying in good physical condition. It is an individual sport where the youth can participate and learn the responsibility of caring for animals. It is common knowledge that if you do not have your horse or ~ in top health, they will not perform for you at their best. They have never had ar~ problctn to warrant such an ordinance and permit process sowhy is it suddenly important for the snimaJ contro| officer to have so Rlllch control. Is she more lmowledge~ble than a veterinarian? It nppears to me that she is pushing her beliefs as an animal rights nctivist on you people without knowing the facts about rodeo. Remember this is the Midwest and rural Amcrk}a where our befitaBe began. I hope the members of the Council will take this matter serious and vote against the proposed rules and regulations. P,01 11-02-1998 3=3BPM FRO~ 817 5981582 P, 2 ANIMAL WELFARE COUNCIL 209 N. MAIN ST. WEATm~-RFO RD, TEXAS 76086 817-598.-1581 FAX; 817-~98-1582 October 30, 1998 NO7 0 2 ?998 The Honorable Ernie Lehman Mayor, City oflowa City Fax Numbs. 319-356-5009 Re: A3Dendmc~t Title 8, Entitled "Police Regt~tions," Chapter 4, Entitled "Pet Animal Control," of City Code to provide new definitions for circuses and rodeos, etc.. Dear Mayor L~,l~man: On behalf of the Animal Welfare Council, an un~ella org_~_,i-.tion of over 100 groups humnnely nnd respo~_g~ly representing animals involved in sports, enIertainm~nt, recreation and industry, I would appreciate the opportuuty to exI~ss our opposition to a specific problem areas contained Wit_-hin the proposed permit rules and regulations rehting to circus and rodeo _a__nimat~. A number of our members are most ee~a~ly adversely affected by the permit rules and reguhtions proponed. With regard to circus, we feel the outstanding reeorcks of Ringling Bros. and Barnurn & Bailey Circus as well as the Clyde Bentry & Cole Bros. Circus were not considered when the proposed rules and regulatiom were written. Due to the fact tha~. we demand strict aninml welfare rules, guidelines, and regulations be in place prior to membership with the Animal Welfare Council, we are ur.,oing your City Council to consider the exemplary safety, healt and h, mane records of the circus organizations of Ringling Bros. and Cole Bros.. The records we reference are documented. Aside from their wonderful animal welfare standards, Ringling has a major breeding program to save the "Asian" elephants for future g~ations to be able to appreciate and enjoy these great animals. As suoh, it would appear there is a great deal of "expert" documentation and education available that should be considered prior to adoption of an ordinance by Iowa City that would do great harm tO your comm:mity having the ability to educate their children about animals they do not have tim opportunity to see very often. Appreciation of animals as well as the desire to mahrqajn their existence only comes about when people have the opportunity to learn about them- Video tape will not ensure the flittire Of _animals, it takes thOSe who allOW Childrill to see fl~e magnifiCen¢~ of critics such as elephants, tigers and other exotics up-close and personal. Prior to adoption of any ordinance Such this one, a good educated look at the safety .r~ords of those doing an outstanding job, such as Ringling and Cole should be considered. 11-02-1998 3: 3Bl:~ FROM 817 5981582 P. 3 IOWA CITY Page 2 Wnlx regard to the sport of rodeo, no consideration has been given in the proposed rule changes to the youth, college, Professiom~ Bull Riders, International Professional Rodeo Association or others who trm. intain and enforce strict animal welfare standards shnflar to those of the Professional Rodeo Cowboys Assoch~on. The fact is that due to your limitation of eve~ts to team pertain5 barrel racing, saddlc bronc riding, and bull riding, a PRCA sanctioned rodeo, under current PRCA rules requiring a specific number of standard events, could not take phce without the add_i~.'ou of other events which would require prior written approval of the Djreaor of Anin~ Control Two years ago, when a similar Ord~nanc~ was proposed it was evident that Misha Goodman-Herbst was basically opposed ~o the sport of rodeo and axlilDals in entertainment. Therefore, we feel the requirement to obtain "prior written" approval flora the Direaor of Animal Control would not be a_6d_ressed in a fair ~tmer without certain personal bias coming into the dec'~ion. Outstanding animal welfare records would be of little consideration to someone who has a prior position of opposing _av___'_-n..~l related events. On behalf of the outstanding circus and rodeo organiTations we represent and the additional animal related organiT~_'ons who are part of the Animal Welfare Council, we respectfuRy urge the members of the City Council to vo~e against the rules and regulgions changes as proposed. We have a great deal of documentalion and information available to .Council members should they desire more information in order to take a position suppoRed by facts. Please do not hasirate to cornact our office for any questions or as-~i~ance we may be able to provide. Wc appreciate your time and consideration. Terri Greet Executive Director, Animal Welfare Council cc: City Council Members INTERNATIONAL PROFESSIONAL RODEO ASSOCIATION P. O. BOx 2304 Exchange · Stockyards City 83377 · Oklahonla City, OK 73148 · (405) 235-6540 Information for Council Work Session, Monday, November 2, 1998 October 31, 1998 To: Mayor Ernie Lehman and Members of the City Councfi Iowa City, Iowa Re: Proposed Regulations to provide humane, safe, and sanitary surroundings and treatment for animals in rodeo, and to provide a safe environment for the public which attends rodeos. Good Evening Mayor and Members of the Coundl: Public safety is a non-issue in rodeo. The likelihood of inddent is so remote, there are no grounds for legislation. As a person who has been associated with rodeo for 40 years and who has worked to educate rodeo people about animal issues, I have seen rodeo people evolve along with other Americans in their attitude about animals. Everyone understands the sensitivity required in today's sodety in handling animals. If rodeo were unable to meet greater society's view of what is acceptable use of animals, it would be reflected at the ticket gate. I relate this to make the point that there are many factors that influence behavior. In many instances, laws are less effective than other influences. Society benefits from good law, but it is oppressed by poorly conceived and unnecessary regulation. I believe that a case cannot be made that the proposed regulations are necessary. Without reliable data supporting need, these regulations represent non-productive red tape, annoyance, interference, and undue restfiction. Having made these general comments, please allow me to address specific of the proposed regulations: The permit provisions raise questions. For exo_mple, if the Iowa City Rotary Club contracts with a rodeo producer from Oklahoma, are you going to fund travel expense for your inspector to travel to the home property of the livestock owner or to a rodeo in another community for inspection of the Serving the Sport of Professional Rodeo for over 35 Years Mayor Lehman and City Council October 31, 1998 Page Two operation before contract signing, which may be 6 months or a year in advance of the event in your community? If a contract has been signed and the affected parties have expended investment in preparation and promotion of the event, who is going to be liable to whom for a contract that cannot be met if an inspector refuses or cancels a permit after the rodeo company has traveled to the community to produce the event? The definition of rodeo is unheard of. It does not meet the program of events of any rodeo that exists. Excluding all rodeos except PRCA rodeos is unacceptable. Professional Rodeo Cowboys Association is the oldest and largest rodeo organization, but this is not a lawful distinction in commerce. As a matter of even-handedness, please look at the provisions that deal with handling animals, such as item 6, and compare them to other situations, such as on a farm or with a household pet. Would you consider sim~ar regulation in those instances? There is no basis for an argument that performing animals are at greator risk of injury or stress or that their owners require greater instruction in handling animal situations. Rodeo people know how to take care of rodeo animals, they know when animals are fit for competition, they know how to house and transport animals in a safe manner. What rodeo does is very much in the open. Rodeos that do not meet desired standards are easily recognizable and just as easy to avoid in your community at the time that a local sponsor decides whether to contract with Rodeo A or Rodeo B to produce an event." We ask your thoughtful consideration of these points and your conclusion that your community does not need to institute these regulations. Sincerely, INTERNATIONAL PRO RODEO ASSOCIATION Sheila Lehrke Animal Issues Coordinator G C~ < _=. C~ C) '*-' OC: O(1).-~(D ,-...c 8> 2'~,:~ ~ ~ · =~ ~ =',"- o E r- r'©fi" C:"O...~ -.-.__ .-- -{D~(D c~(nc- 0 O ~,~'-'-'.-~.~-~ ,- ,--~~,-~-._,,,,,,o..... ~Bo ~~ -T.~= o~_ ,.-E"'-' 8'~,-~'~'-~'o>'-''-'>,=-,~,-,:-s,,,--,:,-~'----. ""' ¢'~ '~o,... c--o-EQ"~ ~CO~>,--~ u)~--.~_~ 0'0~0 >~0 o ~o ---CO ~'O0(/) ' >'0 " ._ >b~..,_.'~= o.~° ~o__~ ..c: ,--~ c~ '"o'~c ~: ~ ..,._.,..c:: ~ ..,_, o ~ o · 'E ~ '~ E~ '~" ~ ' .*-,=oo"~ o~ ~  ._ ~_ _c0~.5~1~ Echo ~ 0r- 0--z 0 ~ Errc00 CO ~OX~' ~- o= m_mO ~cdE ~.o_ o am 0 o How does a horse get into a rodeo bucking herd ? Iowa City Council 410 E. Washington Iowa City, IA 52240 26 October 1998 824 N. Gilbert St. Iowa City 52245 Dear City Council members: Every year, hundreds of people host parties that are not a problem to the community. They take responsibility for the conduct of their guests and are considerate of their neighbors. Some hosts will take the extra step of informing the neighbors in advance of a party, and many neighbors know that if they find it necessary to ask party hosts to please turn down the volume of the music, their wishes will be respected. However, there are some hosts who either do not understand or do not care about the concept of neighborhood or community, who do not recognize that their neighbors may not welcome music blasting from stereo speakers that have been placed in the hosts' open windows, or that the neighbors don't appreciate drunks urinating in their gardens. There are several houses in our north side neighborhood that are notorious party houses. It is frustrating that a handful of in- considerate, non-community minded people can make life difficult for so many neighbors. We hope the Council will support the disorderly house ordinance. Fear of retaliation is a very real and serious reason why neighbors--including other students--will not call the police to complain about noise and other problems. We would like to take the process in an even more radical direction. We'd like to suggest that landlords of frequently cited properties be threatened with revocation of their rental permits. It is unfortunate that, as in so many things, a few rotten apples can spoil the entire barrel. We simply ask for help in throwing out the bad apples. Sincerely, Paula O. Brandt Lowell Brandt A University/Community Parmership to Reduce High Risk Drinking Funded by The Robert Wood Johnson Foundation/American Medical Association and The University of Iowa October 28, 1998 Dear Mayor Leyman: I artended the recent public hearing on the disorderly house amendment. I would like to add some clarification to an issue that came up. There seems to be a misperception that this amendment adversely affects all parties involving alcohol. To the contrary, local evidence suggests that those who are drinking the most heavily and frequently are causing the largest amount of problems to the community. Data collected by the Harvard School of Public Health in 1997 from a cross-section of our Iowa undergraduates indicate that only 3% of the non-binging students have been in trouble with the police as opposed to 6% of those student who binge drink. When looking specifically at those students who drink to get drunk at least 3 times per week we fred 17% of those students have been involved with the police. Of these frequent bingers, 27% report that while drunk, they have damaged property within the past year. This would suggest that those who are causing the most problems to the community are also most frequently involved with the police, not the students who drink moderately. Thank you for you~ consideration to this matter. Sincerely, Julie Phye Project Coordinator jl Julie M. Phye, Ph.D. Project Coordinator 100 Currier Hall Iowa City, IA 52242-1222 Phone/Fax: 319-335-1349 Email: julie-phye~uiowa.edu Richard Judson Twohy POB 2233.Iowa City IA 52244.USA November 3, 1998 Voice: 319-337-9011 Fax: 319-354-6995 Wats: 888-444-5544 Web: twohy@inav.net Mayor Ernie Lehman Mayor pro tem Dean Thornberry Councilors of The City of Iowa City Re: Police powers ordinance I won't be be able to attend tonight's session on the proposed ordinance to increase police powers. Please, would you consider these thoughts about it? This new crowd-dispersal authority seems, on the very face of its language, to be unconstitutional. The very First Amendment, in our Bill of Rights, states bluntly that: "Congress shall make no law... abridging the right of the people peaceably to assemble." Not only "Congress" is bound by this -- but Iowa City as well! The courts are not going to sustain a law by which police can order even a small group of people, even at a private residence (!), to scatter -- and then cite or arrest them -- not for violation of any law, but simply for violating that verbal command to disperse! In America, we have not allowed our police to disperse people in a gathering "just in case" -- or before it "gets out of control." After all, that is how King George III took care of business, before we Americans laid down the law. It's how the Nazis and other police states have operated, And, it is deeply repugnant to "the fight of the people" set forth in our Bill of Rights. I agree with the police Captain who told the Council, on October 22nd, that "in 99%" of cases, this law will never be needed. As for his other "one per cent," any possible benefit is surely outweighed by the likelihood of further insurance liability and lawsuits challenging the use of this startling and un-tested new authority. Why must Iowa City always be the cutting edge of conflict between new police power and traditional civic rights? Isn't it time for some other college town to be first on the block with this one -- and let us see how it works (or doesn't work) for them? Of course, the people who will suffer most (and and most repeatedly) from this law will be the unpaid public servants on our Police Citizens Review Board. It is they who must sit through the stream of complaints that will come. I wonder if Council should give this Board a chance to study the ordinance, and offer to you their perspective and guidance -- before you make a decision on this? Many thanks for your careful consideration. Sincerely, Richard J. Twohy z i i;'J"',~' 11-03-98 15 Prepared by: Chuck Schmadeke, Dir. of Public Works, 410 E. Washington St., Iowa City, IA 356-5141 RESOLUTION NO. 98-348 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WATER MAIN PHASE 4, EMERALD STREET TO THE PENINSULA PROJECT. WHEREAS, Langman Construction, Inc. of Rock Island, Illinois, has submitted the lowest responsible bid of e 1,210,687.22 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Langman Construction, Inc. subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 3~'d day of November' , 1998. ATTEST: ~.> ~. CI City Attorney's Office It was moved by No~'t, olq and upon roll call there were: and seconded by Kubby the Resolution be adopted, AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pwengVesVnain4.doc Howard R. Green Company Water Facility Improvements Project No. 513015-J Water Main Phase 4 ADVERTISEMENT FOR BIDS WATER FACILITY IMPROVEMENTS WATER MAIN PHASE 4 EMERALD STREET RESERVOIR TO THE PENINSULA PROJECT Iowa City, Iowa Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 29~h day of October, 1998, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on November 3, 1998, or at such later time and place as may then be scheduled. The Project will involve the following: Installation of a 24" diameter DIP from the Emerald Street Reservoir running along the east side of Finkbine Golf Course and the Finkbine Commuter Parking lot up to Hawkins Drive and then following Hawkins Drive to Hwy 6 where it runs north across the Iowa River to the Peninsula. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 325 East Washington Street, Suite 101, Iowa City, IA 52240-3959, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. ADVERTISEMENT FOR BIDS AF - 1 Howard R. Green Company Project No. 513015-J The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Completion Date: September 3, 1999 Liquidated Damages: $400.00 per day See Section 01010 Part 1.06 for Intermittent Project Completion dates and their respective liquidated damages. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of Howard R. Green Company, Consulting Engineers, 325 East Washington Street, Suite 101, Iowa City, IA 52240-3959, phone: 319-337-2858, by bona fide bidders. A $100.00 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Howard R. Green Company. A refund of $50,00 per set will be given upon return of said plans and specifications in good and usable condition within 10 days after the receiving of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available at the City, and can be obtained from the Human Rights Coordinator at the Iowa City Civic Center by calling 319-356-5022. Water Facility Improvements Water Main Phase 4 Iowa City, Iowa ADVERTISEMENT FOR BIDS AF - 2 Howard R. Green Company Project No. 513015-J By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1997), applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK Water Facility Improvements Water Main Phase 4 Iowa City, Iowa .1' ADVERTISEMENT FOR BIDS AF - 3 11-03-98 16 Prepared by: Dennis Gannon, Asst. Civil Engr., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 98-349 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE CONSTRUCTION OF THE SUMMIT STREET BRIDGE RECONSTRUCTION PROJECT [BRM-3715(13) -- 8N-52]. WHEREAS, the City of Iowa City has undertaken a project to reconstruct the Summit Street bridge, which spans over the Iowa Interstate Railroad, and the Summit Street pavement located between Kirkwood Avenue and Sheridan Avenue, which project is known as the Summit Street Bridge Reconstruction Project; and WHEREAS, the City of Iowa City will receive Federal Aid Highway Bridge Replacement and Rehabilitation (HBRR) Program funding in the amount of 80% of bridge construction costs or $850,000, whichever is less; and WHEREAS, the project includes the removal and replacement of the existing Summit Street bridge with a structure that will have a 28' roadway width between barrier rails and 8' wide sidewalks, the removal and replacement of the existing Summit Street pavement between Kirkwood Avenue and Sheridan Avenue with a similar width pavement section along with the removal and replacement of sidewalks, and the installation of a new water main and storm sewer facilities; and WHEREAS, the City Council has been advised and has determined that the acquisition of certain property dghts is necessary for construction of the improvements included in the project; and WHEREAS, the City consultant, NNW, Inc., of Iowa City, has determined the location of the necessary property rights; and WHEREAS, City staff should be authorized to acquire said property rights at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to acquire property rights by warranty deed, quit-claim deed or easement for the construction of the improvements included in the Summit Street Bridge Reconstruction Project ("Project"). The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under State and Federal law. The City Manager or his designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee Resolution No. 98-349 Page 2 is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary actions to complete said transactions, as required by law. / In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for the acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 3rd day of November ,1998. ATTEST:Ci~4~ERK~ '~- City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X x Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef pweng%resLsumtbrg.doc Prepared by Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030. AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND MERCY IOWA CITY TO USE A PORTION OF THE JOHNSON STREET RIGHT-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC CABLE. SECTION I. DEFINITIONS "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. "Public Improvements" shall mean any improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto. "Public property" shall mean City-owned or controlled public rights-of-way, ease- ments, bridges, squares and commons. "Owner" shall mean Mercy Iowa City and shall include all equipment owned, operated, leased, or subleased in connection with the operation of the fiber optic cable, and shall include but not be limited to poles, wires, pipes, cables, under- ground conduits, ducts, manholes, vaults, fiber optic cables, and other structures or appurtenances. SECTION 2. BASIC GRANT Owner is hereby granted a license to construct, maintain, inspect, protect, repair and replace a fiber optic cable in, under, upon, along and across the Johnson Street right-of- way shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE FIBER OPTIC CABLE. Before commencing any extension or expansion of its system, or any major repair work, the Owner shall file with the Public Works Department of the City a .written statement verifying the public property under which or upon which the Owner proposes to extend, expand, install or repair its system. The Director of Public Works may require the state- ment be accompanied by a map, plan or specifications showing the proposed location of the system components with reference to streets and alleys, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within a reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a public improvement or existing City-owned public utility system facility and refer the same back to the Owner for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Owner to proceed in accordance with the approved maps, plans or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for, unless it is an emergency as described in Section 5. All work performed by Owner shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF THE FIBER OPTIC CABLE In the process of location, construction, reconstruction, replacement, or repair of compo- nents of the cable, the excavation or obstruction made or placed in public property at any time or for any purpose by the Owner shall, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's Regulations. As a condition to the use of public property, the Owner shall, at its own. expense, repair or cause repair to any private property, public utility system component, public improvement, or public property damaged by such location, construction, recon- struction, replacement or repair work. If the Owner fails to repair' or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days' notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Owner. SECTION 5. EXCAVATIONS The Owner is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Owner. In making such excavations, the Owner shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual com- mencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. In emergencies which require immediate excavation, the Owner may proceed with the work without first applying for or obtaining the permit, provided, however, that the Owner shall apply for and obtain the permit as soon as possible after commencing such emergency work. Failure to Comply; Remedies. If the Owner fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Owner. The Owner shall pay the costs of such repair or restoration. The Owner shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS' The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any under- 3 ground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied. by the Owner, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Owner for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Owner's facilities. SECTION 7. OWNER CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the Owner under a contract, subcontract, time and materials arrange- ment or other type of work order or agreement. SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities erected by the Owner within the Johnson Street right-of-way shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon public property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Owner shall conduct its work hereunder in such manner as to cause as little interfer- ence as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Owner shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event the Owner fails to act within a reasonably allocated time, the City may cause the Owner's facilities to be relocated, and the costs thereof shall be to the Owner and shall be paid as provided in Section 5 hereof. The Owner shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Upon request, the Owner agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Owner shall enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-'free "One-Call" number. Installation, repair, or replacement work completed by the Owner or any facilities requiring excavation of public property or public right-of-way shall require Owner to restore and replace surface vegetation with sod in conformance with City ordinances and in accor- dance with standard local practices for placing sod. SECTION 9. POWERS OF CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. SECTION 10. PLANS AND COORDINATION Upon completion of the work, the Owner shall promptly furnish to the City copies of "as- built" plans related to its facilities located .on public property. The Owner shall keep complete and accurate maps and records of the locations and operations of its facilities in connection with this agreement. SECTION 11. VIOLATIONS OF AGREEMENT Upon receipt of evidence that a violation or breach of this agreement is occurring or has occurred, or that a violation of codes or ordinances lawfully regulating the Owner in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The Cit.y shall give written notice to the Owner of the default, and the Owner shall cure such default within thirty (30) calendar days after receipt of such notice. If the Owner fails to cure a default within the time allowed, the City shall have the right to: (i) (ii) (iii) (iv) seek specific performance; or remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Owner; or seek damages for such default; or any combination of (i), (ii) and (iii). SECTION 12. LIABILITY, INDEMNIFICATION AND INSURANCE The Owner covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Owner agrees to require contractors and subcontractors engaged in work for the Owner within the public rights-of-way or public property to maintain insurance coverage in comprehensive form and in the amounts to be set by the City, to maintain said coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 13. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions . hereof invalid or illegal, or direct a change by the Owner in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no 5 way affect the remaining provisions of this agreement or their validity or legality, and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 14. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party, except either party shall have the right to. assign, convey, or otherwise transfer its rights, title, interest and obligations under this agreement, in whole or in part, to any entity controlled by, controlling or under common control with a party hereto, or any entity into which a party may be merged or consolidated or which purchases all or substantially all of the assets of such party. In the event Owner is controlled by or is under common control or merges with or is consolidated with an entity other than Owner or City, Owner agrees to notify City in writing of such changes in control merger or consolidation. SECTION 15. VACATION OF STREETS AND ALLEYS So long as the Owner exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Owner has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Owner to relocate its facilities as provided in Section 8 hereof. SECTION 16. DELIVERY OF NOTICES Except as may be expressly provided herein; any notices hereunder shall be in writing and shall be delivered via certified mail and, addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 If to Owner: Mercy Hospital Iowa City 500 E. Market St. Iowa City, IA 52240 provided, however, that in the case of an emergency, notices may be given verbally to the above-named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. 6 SECTION 17. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Owner's expense. THIS AGREEMENT is entered into as of the 1998. day of By: MERCY IOWA CITY CITY OF IOWA CITY, IOWA By...~/Z,f~I' Title: Title: City Attorney's Office City's Acknowledgement STATE OF IOWA ) ) SS: JOHNSON COUNTY On this day of , 19 , before me, · a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marjan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corpora- tion, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 19 , and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of .the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Owner's Acknowled,clement STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 19 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and forego- ing instrument to which this is attached, that (no seal has been procured by the said) 'Corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State pweng\agt\mercyagt.doc :x ~t / 't m ~ X 133815 1~38]1D 11-03-98 18 Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 98-351 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH IOWA STATE BANK & TRUST CO., FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF CLINTON STREET IN IOWA CITY, IOWA. WHEREAS, Iowa State Bank & Trust Co. is the fee owner of certain real estate described as Lot 2, Block 101 except the north 40', Lots 3 and 4, Block 101 except the south 70', all in Original Town in Iowa City, Iowa and addressed as 325 S. Clinton Street; and WHEREAS, Iowa State Bank & Trust Co., hereafter "Owner," will be undertaking a building addition located in Iowa City, Iowa on real estate legally described as Lot 2, Block 101 except the north 40', Lots 3 and 4, Block 101 except the south 70', all in Original Town; and WHEREAS, Owner's construction will take place adjacent to their property along the west edge of Clinton Street, and Owner wishes to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and WHEREAS, Owner has requested the City also permit the temporary closure of a portion of the sidewalk on the west side of Clinton Street between Burlington and Court streets; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of a portion of the sidewalk on the west side of Clinton Street between Burlington and Court streets, and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary closure is in the public interest; and WHEREAS, an agreement for the temporary use of the Clinton Street public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to temporarily close a portion of a City sidewalk adjacent to Owner's property along the west edge of Clinton Street in Iowa City, Iowa in order to assure a safe construction site for the construction of a building addition, and thereby ensure public safety. Such temporary sidewalk closing shall take effect beginning November 4, 1998 and end upon substantial completion of the construction, but no later than February 1, 1999. The Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated by reference herein is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owner's expense. Resolution No. 98-351 Page 2 Passed and approved this .~-d ATTEST:C~ ?///. day of November ,1998. MAYOR roved by ?y,~/~-;~-,~ ~ Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng/res/clinton.doc Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK & TRUST CO., FOR A PORTION OF CLINTON STREET IN IOWA CITY, IOWA. This Agreement is made by and between Iowa State Bank & Trust Co., hereinaffer referred to as "Owner," and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City." · WHEREAS, Iowa State Bank & Trust Co. is the fee owner of certain real estate described as Lot 2, Block 101 except the north 40', Lots 3 and 4, Block 101 except the south 70', all in Original Town in Iowa City, Iowa and addressed as 325 S. Clinton Street; and WHEREAS, Iowa State Bank & Trust Co., hereafter "Owner," will be undertaking a building addition located in Iowa City, Iowa on real estate legally described as Lot 2, Block 101 except the north 40', Lots 3 and 4, Block 101 except the south 70', all in Original Town; and WHEREAS, Owner's construction will take place adjacent to their property along the west edge of Clinton Street, and Owner wishes to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and WHEREAS, Owner has requested the City also permit the temporary closure of a portion of the sidewalk on the west side of Clinton Street between Burlington and Court streets; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of a portion of the sidewalk on the west side of Clinton Street between Burlington and Court streets, and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary closure is in the public interest; and NOW, THEREFORE, in mutual consideration of the promises herein, Owner and the City agree as follows: Owner is the fee owner of certain real estate described as Lot 2, Block 101 except the north 40', Lots 3 and 4, Block 101 except the south 70', all in Original Town in Iowa City, Iowa, and Owner will be undertaking construction of a building addition located on this property along the west edge of Clinton Street. In order to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic, Owner has requested the City permit the temporary closure and use of portions of the sidewalk right-of-way on the west side of Clinton Street between Burlington and Court streets. In consideration of the City's permission herein to temporarily close a City sidewalk during the construction of the building addition as described in paragraph 1 above, Owner agrees to secure the construction site against pedestrian and public traffic by providing adequate traffic control, by providing adequate signage, and by fencing all open excavation while the contractor is not working, thereby ensuring public safety and a safe construction site. In consideration of Owner's promises herein, the City agrees to allow Owner to temporarily close a portion of the sidewalk right-of-way along the west side of Clinton Street between Burlington and Court streets adjacent to their property. 4. Owner agrees to provide, keep in place, and maintain in good working condition certain signage necessary to do the following: a) route pedestrians. b) provide advance warning. c) provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. Owner agrees to abide by the requirements set forth by the City Forester in Exhibit A attached hereto, in order to safeguard the condition and facilitate preservation of trees located within City right-of-way adjacent to Owner's property along the west side of Clinton Street between Burlington and Court streets. Owner further agrees to notify the City Forester prior to any excavation work in said right-of-way in order to assess the course of action to be taken to minimize any damage to the subject tree root systems. Owner agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and those of its contractors, subcontractors, agents, employees and assigns in connection with Owner's use of the public right of way under this agreement, specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Owner to temporarily close a sidewalk adjacent to its property along Clinton Street as described herein. Owner further agrees to carry Class II liability insurance in the minimum amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Owner shall furnish a certificate of insurance evidencing said valid insurance coverage to City, which certificate must be satisfactory to the City. After the building addition construction is complete, Owner agrees to restore any and all portions of the sidewalk and right-of-way to its pre-construction condition, to the City's complete satisfaction. City and Owner agrees this Temporary Agreement shall be in effect beginning November 4, 1998 and end upon substantial completion of the work, but no later than February 1, 1999. Notwithstanding the above, Owner agrees to cease and desist their temporary use and closure of the public sidewalk right-of-way and to remove any and all obstructions from said right-of-way when any one of the following events occurs: a. A breach of this agreement; b. The use of the property changes and/or the temporary use of the public right-of-way is no longer needed or appropriate, as determined by the City; c. Within thirty (30) calendar days after the City gives written notice of removal to owner. 3 If Owner fails to remove any obstructions, barricades or signage from the public right-of-way as required in this paragraph, the City may remove the obstructions, barricade or signage, and the cost thereof shall be billed to owner for payment to City. Upon Owner's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (1997). Owner acknowledges and agrees that no property right is conferred by this grant of permission to use the public right-of-way; that the City is not empowered to grant a permanent use of its right-of-way for private purposes; and, notwithstanding paragraph eight (8), that the City may order the said temporary use terminated at any time if, for any reason, the City Council determines that the property is needed for a public use and should be cleared of any and all obstructions. 10. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. Passed and approved this 3rd day of November ,1998. CITY Of IOWA CITY OWNERS City CleFk Approved by: Ci~ A~orney's Office 4 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this _~ day of ~,.,~e.-~.e,c , 19 ,:)~> , before me, --~cnl~co~-e ' ~ , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that t~e seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as co~t~ed in~in~n~o) (Resolution) No. day of ~~o~ , 19 9~ and passed by the City Council, on the _ ~ I , that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Pub ~c in and for the OWNER'S ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Public in' and for the State of Iowa, personally appeared ~~~. ~~a and , to me personally known, who, being by me duly sworn, di t they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. R~ "'~ ¢ KIM ,I. COLVIN  M~ CUMMISSIGN EXPIRES d for said County and State pweng/agt/clinton.doc Exhibit "A" CITY OF IOWA CITY PARKS AND RECREATION DEPARTMENT MEMORANDUM L TO: Rick Fosse FROM: Terry Robinso DATE: October 30, 1998 RE: Tree Protection at Iowa State Bank In order to properly protect the trees during construction at the Iowa State Bank drive-up facility, the construction fences should be placed three feet outside of the drip line and the sidewalk should be closed to pedestrian traffic. This is slightly larger than a typical protection zone; however, these trees do not fare well during construction processes. If the fence is placed and maintained in this manner, no additional aeration should be needed. 3 If Owner fails to remove any obstructions, barricades or signage from the public right-of-way as required in this paragraph, the City may remove the obstructions, barricade or signage, and the co,st thereof shall be billed to owner for payment to City. Upon Owner's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assesse against the property and collected in the same manner as a property tax, as provided in Sec 'on 364.12(2)(e), Iowa Code (1997). 9. Owner acknowledg s and agrees that no property right is conferred by this Irant of permission to use t public right-of-way; that the City is not empowered grant a permanent use of its rig -of-way for private purposes; and, notwithstanding par graph eight (8), that the City may orde the said temporary use terminated at any time if, r any reason, the City Council determine t. hat the property is needed for a public us and should be and shall inure to the benefit of th respective heirs, s; ~ interest, and assigns of both parties. Passed and approved this day ,1998. CITY OF IOWA OWNE BY: Ernest W. Lehman, Mayor ATTEST: Marian K. Karr, City Clerk Approved by: City Attorney's Office 4 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day ~f , 19 , before r~e, - \ , a Notary Public in and for the State/of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally kn wn, and, who, being h . the corporation, and that the\i~nstrument was signed and sealed on'behalf of the corporation, by authority of its ' ', s contained in (Ordinance) (Resolution) No. that Ernest W. Lehman and Maria~. K. Karr acknowledged the execution of the instrument to be their voluntary act and deed a~ the voluntary act/and deed of the corporation, by it voluntarily executed. "' / 'Nota~ublic in and for the State of Iowa / /. / OWNER'S ACKN~LEDG.MENT STATE OF IOWA ) .... ) SS: /"' JOHNSON COUNTY ) / On this __ day of // , A.D. 19 "~,. before me, the undersigned, a Notary Public in and for the State//of Iowa, personally appeared and , t~me personally known, who, bei~ by me duly sworn, did say that they are the .... ~and , respe~ively, of said corporation executing the within and foregoing in~[;ument to which this is attached, that~,(no seal has been procured by the said) corporation; that said..instrument was signed (and sealed) on b alf of (the seal affixed thereto is the seal of said) said ..,-'~orporation by authority of its Board Directors; and that the said as such officers acknowledged the execution of said instrument to be the ~luntary act and deed of said corporation, by it an~-~by them voluntarily executed. ,./ Notary Public in and for said nty and State I~agt/dintOn.doc Prepared by: Ron O'Neil, Airport Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5045 RESOLUTION NO. 98-352 RESOLUTION AUTHORIZING FUNDING FOR THE AIRPORT COMMISSION TO PROCEED WITH CONSTRUCTION OF A 120' BY 140' HANGAR BUILDING, INCLUDING 20' BY 60' OFFICE AREA, AT THE IOWA CITY MUNICIPAL AIRPORT. WHEREAS, it is the intent of the Iowa City Airport Commission to attract and accommodate corporate and business aircraft at the Iowa City Municipal Airport; and, WHEREAS, the proposed hangar is part of the 1996 Airport Master Plan to replace space in the United hangar and the current maintenance shop; and, WHEREAS, the Airport Commission has negotiated a lease with Iowa City Flying Service to lease the entire building; and, WHEREAS, additional hangar space would be a capital asset to the Airport by increasing revenue for the Airport Commission and increasing the number of based aircraft at the Iowa City Municipal Airport; and, WHEREAS, the cost of the project would be financed through an internal departmental loan, to be repaid through hangar rental fees; and WHEREAS, there were 5 bids on the project, as follows: 1. Unzeitig Construction $ 850,400 2. Abild Construction $ 742,000 3. Knutson-MidAmerica $ 734,614 4. McComas-Lacina Construction $ 684,596 5. Wendler Engineering $ 681,000 WHEREAS, the Airport Commission recommended accepting the bid of Wendler Engineering in the amount of $681,000.00, pending approval of financing from the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the use of city funds to pay for the construction of a 120' by 140' aircraft maintenance shop and multi-plane hangar building at the Iowa City Municipal Airport is hereby approved. Resolution No. 98-352 Page 2 Passed and approved this 3rdday of ATTEST: ~I~L'~~ERK '~' ~ CI November ,1998. MAYOR City Attomey's Office It was moved by Thornberry and seconded by Resolution be adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef the dennis.mit~wendler2.doc ,, 11-03-98 20 Prepared by: Don Yucuis, Finance Director, 410 E. Washington St. 52240, (319)356-5052 RESOLUTION NO. 98-353 RESOLUTION AMENDING THE INVESTMENT POLICY FOR THE CITY OF IOWA CITY. WHEREAS, during the conduct of municipal affairs, the Finance Director of the City of Iowa City invests certain funds of the City, and WHEREAS, it is necessary to amend the existing investment policy for the Finance Director while conducting official City business to comply with State of Iowa law, and WHEREAS, the City Manager has formulated an investment policy for investing all funds, which is attached to this resolution and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the attached investment policy be adopted as the official investment policy of the City of Iowa City. Passed and approved this 3rd day of November ,1998. ATTEST:C~~. City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef finadm~invplcy.res City of Iowa City Finance Department INVESTMENT POLICY V _~,,~,..% November 1998 ~ INVESTMENT POLICY OUTLINE 1. Scope ..................................................................................................................................... 2. Objectives ............................................................................................................................. 3. Delegation & Authority ........................................................................................................ 4. Instruments ........................................................................................................................... 5. Risk ....................................................................................................................................... 6. Diversification ...................................................................................................................... 7. Maturities .............................................................................................................................. 8. Prudence ............................................................................................................................... 9. Controls ................................................................................................................................ 10. Safekeeping & Custody ........................................................................................................ 11. Ethics .................................................................................................................................... 12. Reporting: Quarterly ........................................................................................................... 13. Relationships with Financial Institutions and Dealers ........................................................ 14. Indemnification of Investment Officials .............................................................................. 15. Investment Policy Review and Amendment ........................................................................ Page 1 1 1 1 2 2 3 3 3 3 4 4 4 4 4 I. SCOPE This Investment Policy applies to the investment activities of the City of Iowa City, Iowa. Financial assets of all funds shall be administered in accordance with the provisions of these policies. The investment of bond funds or sinking funds shall comply not only with this investment policy, but also be consistent with any applicable bond resolution. This Investment Policy is intended to comply with Iowa Code Chapter 12B. Upon passage and upon future amendment by the City Council, if any, copies of this Investment Policy shall be delivered to all of the following: 1. All depository institutions or ~duciaries for public .funds of the City. 2. The auditor engaged to audit any fund of the City. II. OBJECTIVES The primary objective of the City of Iowa City's investment activities is the preservation of capital and the protection of investment principal. The City's investment portfolio will remain sufficiently liquid to enable the City to meet operating requirements that cash management procedures anticipate. In investing public funds, the City's cash management portfolio shall be designed with the objective of regularly exceeding the average return on the six-month U.S. Treasury bill. This index is considered a benchmark for the riskless investment transactions and therefore comprises a minimum standard for the portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein and prudent investment principles. The City will diversify its investments to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. HI. DELEGATION AND AUTHORITY Management responsibility for the investment program is hereby delegated to the Director of Finance, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the written procedures. The Director of Finance shall be responsible for all transactions tradertaken and shall establish a system of controls to regulate the activities of the subordinate officials. The Director of Finance of the City and all employees authorized to place investments shall be bonded in the amount of $400,000. IV. INSTRUMENTS Assets of the City may be invested in the following: Interest bearing savings accounts, interest beating money market accounts, and interest bearing checking accounts at any bank, savings and loan association or credit union in the State of Iowa. Each bank must be on the most recent Approved Bank List as distributed by the Treasurer of the State of Iowa or as amended as necessary by notice inserted in the monthly mailing by the Rate Seuing Committee. Each financial institution shall be properly declared as a depository by the City Council. Deposits in any financial institution shall not exceed the maximum approved by the City Council. 2 V, VI. 2. Obligations of the United States government, its agencies and instrumentalities. Certificates of deposit and other evidences of deposit at federally insured Iowa depository institutions approved by City Council and secured pursuant to the limitations set forth in Chapter 12C of the Code of Iowa. 4. Iowa Public Agency Investment Trust (IPAIT). An open-end management investment company registered with the Securities & Exchange Commission under the federal Investment Company Act of 1940, 15 U.S.C. Section 80(a) and operated in accordance with 17 C.F.R. Section 270.2a-7, whose portfolio investments are limited to those instruments individually authorized in Section IV of this Investment Policy. All instruments eligible for investment are Investment Policy, including Section VII diversification requirements. further qualified by all other provisions of this investment maturity limitations and Section VI RISK The City of Iowa City recognizes that investment risk can result from issuer defaults, market price changes or various technical complications leading to temporary illiquidity. Portfolio diversification is employed as a way to control risk. Investment managers are expected to display prudence in the selection of securities, as a way to minimize default risk. No individual investment transaction shall be undertaken which jeopardizes the total capital position of the overall portfolio. In the event of a default by a specific issuer, the investment manager shall review and, if appropriate, proceed to liquidate securities having comparable credit risk. To control risks of illiquidity, cash flow is monitored on a continuous basis by the Senior Accountant and Finance Director. DIVERSIFICATION Where possible, it is the policy of the City of Iowa City to diversify its investment portfolio. Assets shall be diversified to eliminate the risk of loss resulting from over-concentration of assets in a specific maturity, a specific issuer, or a specific class of securities. In establishing specific diversification strategies, the following general policies and constraints shall apply: Portfolio maturities shall be staggered in a way that avoids undue concentration of assets in a specific maturity sector. Maturities shall be selected which provide stability of income and reasonable liquidity. Maturities shall be set to meet City operating requirements. Liquidity practices to ensure that the next disbursement date and payroll date are covered through maturity investments, marketable U.S. Treasury bills or U.S. Treasury notes or cash on hand shall be used at all times. Risks of market price volatility shall be controlled through maturity diversification so that aggregate price losses on instruments with maturities approaching one year shall not be greater than coupon interest and investment income received from the balance of that portfolio. VII. VHI. The following parameters are established as maximum constraints: By Investment Maximum % of Portfolio Interest Bearing Bank Accounts U.S. Treasury Bills U.S. Government Agency Securities State and Local Government Securities Certificates of Deposit (Collateralized by U.S., State and Local Government Securities or letters of credit, or by the Iowa multiple financial institution collateral pool in accordance with Chapter 12C of the Code of Iowa ) 100% 100% 100% 50% 100% MATURITIES For the general fund and other operating funds, non-marketable instrument maturities shall not exceed one year, unless a temporary extension of maturities is approved by the City Council. In such cases, the average maturity of each fund's portfolio shall not exceed 397 days. Debt retirement, bond reserve, special assessment, and non-expendable trust funds may be invested in instruments whose maturities do not exceed five years at the time of purchase. Assets held in debt retirement and special assessment funds may be invested in maturities exceeding five years in accordance with bond covenants or with special approval of the City Council. PRUDENCE The standard of prudence to be used by investment officials shall be the "prudent person," and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for any individual securities credit risk or market price changes, provided that deviations from expectation are reported in a timely fashion, and appropriate action is taken to control adverse developments. CONTROLS The Director of Finance shall establish a system of internal controls which shall be documented in writing. The internal controls shall be reviewed by the independent auditor. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Iowa City. SAFEKEEPING AND CUSTODY To protect against potential fraud and embezzlement, the assets of the City of Iowa City shall be secured through third-party custody and safekeeping procedures and/or safety deposit box at a local bank. Bearer instruments shall be held only through third-party institutions. Other instruments shall be registered in the City's name. Investment officials shall be bonded to protect the public against possible embezzlement and malfeasance. All securities shall be purchased using the delivery-vs-payment procedure. Unless prevailing practices or economic circumstances dictate XI. XII. XIV. XV. otherwise, ownership shall be protected through third-party custodial safekeeping. All custodial agreements shall be in writing and shall contain a provision that all custodial services be provided in accordance with the laws of the State of Iowa. Safekeeping procedures shall be reviewed annually by the independent auditor. ETHICS Employees involved in the investment process shall refrain from personal business activity that would conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. They shall disclose to the City Manager any material financial interests in institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the jurisdiction's portfolio. These employees shall subordinate their personal investment transactions to those of this jurisdiction, particularly with regard to the timing of purchases and sales. REPORTING: OUARTERLY The Senior Accountant shall submit an investment report quarte~y. The report shall list investments by fund, institution and maturity date. The report shall also include the activity of investments purchased and redeemed during the quarter. RELATIONSHIPS WITH FINANCIAL INSTITUTIONS AND DEALERS In selecting depositories, the creditworthiness of the institutions will be considered. Banks and savings and loan associations seeking to establish eligibility for the City's competitive certificate of deposit purchase programs shall submit information to the Finance Director. For brokers and dealers of government securities, the City shall selectonly government securities dealers that report daily to the New York Federal Reserve Bank, or are members of the National Association of Securities Dealers (NASD), unless a credit and capitalization analysis reveals that other firms are adequately financed to conduct public business. INDEMNIFICATION OF INVESTMENT OFFICIALS Sections 12C.8 and 12C.24 of the Code of Iowa exempts the Council, its agents and City employees from personal liability from losses of a depository in absence of negligence, malfeasance, misfeasance, or non-feasance. INVESTMENT POLICY REVIEW AND AMENDMENT This Investment Policy shall be reviewed every two years or more frequently as appropriate. Notice of amendments to the Investment Policy shall be promptly given to all parties noted in Section 1. ~nadm~invstpol .doc 11-03-98 21 Prepared by Dale Helling, Asst. City Mgr., 410 E. Washington St., Iowa City, IA 52240, (319)356-5013 RESOLUTION NO. 98-354 RESOLUTION AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1997 Code of Iowa; and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units; and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibility and the Iowa City Library Board's administrative responsibilities for library service in Iowa City; and WHEREAS, procedures are necessary to make this coordination effective; and WHEREAS, the Iowa City Library Board of Trustees and the City Council of the City of Iowa City wish to enter into a joint agreement to coordinate negotiating procedures for purposes of collective bargaining, a copy of which agreement is attached to this resolution as "Exhibit A," and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor be authorized to sign, and the City Clerk to attest, this resolution, and the attached joint agreement between the Iowa City Library Board of Trustees and the City Council of the City of Iowa City, Iowa, to coordinate negotiating procedures for purposes of collective bargaining. Passed and approved this 3rd A'R'EST:Ci~~~ERK ,--~,ro.',,~'d~y .....,:~ ~ City'At'to c:'z Resolution No. 98-354 Page 2 It was moved. by Nnrtnn and seconded by adopted, and upon roll call there were': Vanderhoef AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef humanrel~unions~.fscrne~Jibres.doc EXHIBIT A JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAIN- ING An agreement made and entered this 3rd day of November ,1998, by and between the City Council of iowa City, Iowa, and the .Board of Trustees of the Iowa City Public Library, Iowa City, Iowa. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1997 Code of Iowa, and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units, and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibility and the Iowa City Library Board's administrative responsibilities for library service in Iowa City, and WHEREAS, procedures are necessary to make this coordination effective. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: Both bodies will bargain in coordination with the duly appointed representatives of their respective employee organization. The Library Board will designate th:e"City i~anager"of' Iowa City or his designee as the bargaining representative for the Iowa City Public Library Board of Trustees. The Library Director or her designee will be a member of the negotiating team and shall represent the Iowa City Public Library Board of Trustees in issues of specific concern to library operations and/or library employees. The Iowa City Public Library Board of Trustees will be notified of all executive sessions of the City Council of Iowa City called for the purpose of discussing contract negotiations. Subsequent to any negotiated contract, the Library Director will be represented on any grievance committee formed as a condition of that contract. This agreement shall cover the period from date of adoption through the contract covering library employees which will begin July 1, 1999. President, I ard of Trustees Mayor, City of Iowa City, I wa Date Date November 3, 1998 humanreRunions~afscme\libagtdoc